reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-166 - PROPERTY AND CASUALTY INSURER PRACTICES › Section 69O-166.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this part:
(1) "Person" means any individual,
				association, organization, partnership, business, trust, or
				corporation.
(2) "Agent" means any
				person, as defined herein, authorized to represent an insurer with respect to a
				claim, including adjusters.
(3)
				"Claimant" means a first-party claimant, a third-party claimant, and, where the
				claimant is an individual, a member of the claimant's family designated by the
				claimant.
(4) "First-party
				claimant" means any person asserting a right to payment as an insured as
				provided by the insurance policy, arising out of the occurrence of the
				contingency or loss covered by that policy.
(5) "Insurer" means a person authorized to
				issue or which issues an insurance policy in this state, or otherwise transacts
				insurance in this state, including reciprocal and interinsurance exchanges,
				fraternal benefit societies, stock and mutual insurance companies, mutual fire
				insurance companies, grants and annuities societies, insurers holding
				certificates of exemption, motor clubs, medical and health service and related
				service plans, or the agents of any of the above-designated persons. The term
				"insurer," for purposes of this part, shall not include surplus lines
				brokers.
(6) "Insurance policy" and
				"policy" refer to the written instrument in which any certificate of insurance,
				contract of insurance, hospital service plan or motor club service is set
				forth.
(7) "Investigation" means
				any activities of an insurer or its agent, directly or indirectly related to
				the determination of liabilities under coverages afforded by an insurance
				policy, and other obligations or duties arising from an insurance
				policy.
(8) "Notification of a
				claim" means any notice to an insurer or its agent by a claimant or an insured
				that reasonably apprises the insurer that a loss has occurred.
(9) "Notice of loss" means:
(a) Written notice, such as claim forms,
				medical bills, medical authorizations or other reasonable evidence of the claim
				that is ordinarily required of a claimant; or
(b) Any notice by or on behalf of a claimant
				that reasonably apprises the insurer that a loss has occurred and that the
				claimant wishes to make a claim under an insurance policy or against a person
				insured under an insurance policy for such loss.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-166 - PROPERTY AND CASUALTY INSURER PRACTICES › Section 69O-166.024 - Failure to Acknowledge Communications and Act Promptly as to Communications with Respect to Claims and to Implement Standards for the Prompt Investigation of Claims

Current through Reg. 50, No. 138; July 16, 2024
Every insurer shall adopt and implement standards for the
				  acknowledgement of communications and investigation of claims with respect to
				  claims so that:
(1) Upon the insurer's
				receiving a communication with respect to a claim, it shall, within 14 calendar
				days, review and acknowledge receipt of such communication unless payment is
				made within that period of time or unless the failure to acknowledge is caused
				by factors beyond the control of the insurer which reasonably prevent such
				acknowledgement. If the acknowledgement is not in writing, a notification
				indicating acknowledgement shall be made in the insurer's claim file and dated.
				A communication made to or by an agent of an insurer with respect to a claim
				shall constitute communication to or by the insurer. As used in this
				subsection, "agent" means any person to whom an insurer has granted authority
				or responsibility to receive or make such communications with respect to claims
				on behalf of the insurer. This subsection shall not apply to claimants
				represented by counsel beyond those communications necessary to provide forms
				and instructions.
(2) Such
				acknowledgement shall be responsive to the communication. If the communication
				constitutes a notification of a claim, unless the acknowledgement reasonably
				advises the claimant that the claim appears not to be covered by the insurer,
				it shall provide necessary claim forms, and instructions, including an
				appropriate telephone number.
(3)
				Unless otherwise provided by the policy of insurance or by statutes, such
				insurer shall within 10 working days of its receipt of proof of loss statements
				begin such investigation as is reasonably necessary, unless the failure to
				begin such investigation is caused by factors beyond the control of the insurer
				which reasonably prevent the commencement of such
				investigation.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 624.3161, 626.9541(1)(i)3.a.,
					 627.4131
					 FS.
New 11-2-92, Formerly
					 4-166.024.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-166 - PROPERTY AND CASUALTY INSURER PRACTICES › Section 69O-166.025 - Response to Office Inquiries

Current through Reg. 50, No. 138; July 16, 2024
Every insurer, upon receiving any written or oral inquiry
				  from the Office concerning a claim, shall, within 21 calendar days of receipt
				  of this inquiry, furnish the Office with an appropriate response at the
				  Office's website: http://www.floir.com/iportal. The Office may require a
				  written response as it deems necessary.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 624.3161, 626.9541(1)(i)3.c.
					 FS.
New 1-27-92, Formerly
					 4-166.025.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-166 - PROPERTY AND CASUALTY INSURER PRACTICES › Section 69O-166.031 - Mediation of Property Insurance Claims

Current through Reg. 50, No. 138; July 16, 2024
(1) All insurers subject to Section
				627.7015, F.S., shall comply
				with Rule 69J-166.031, F.A.C.,
				administered by the Department of Financial Services. A violation of Rule
				69J-166.031, F.A.C., is a
				violation of this rule and accordingly a violation of a rule of the
				Commission.
(2) If an insurer fails
				to appear at conferences with such frequency as to evidence a general business
				practice of failure to appear, the insurer shall be subject to penalty,
				including revocation, suspension, or a fine as specified in Section
				624.4211,
				F.S.
Rulemaking Authority 624.308(1), 627.7015(4) FS. Law
					 Implemented 624.307(1), 624.418(2)(a), 624.421(1)(a), 624,4211,
					 626.9541(1)(i),
					 626.9581(1),
					 627.7015
					 FS.
New 8-18-94, Amended 5-1-96, 4-6-00, Formerly 4-166.031,
					 Amended 11-3-15, 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-166 - PROPERTY AND CASUALTY INSURER PRACTICES › Section 69O-166.040 - Commercial Property and Casualty Risk Management Plans

Current through Reg. 50, No. 138; July 16, 2024
(1) Each insurer or insurer group offering
				commercial casualty insurance and/or commercial property insurance covering
				risks located in this state for which Florida taxable premiums are reported
				shall develop and make available to its insureds guidelines for risk management
				plans.
(a) "Commercial property insurance"
				means insurance as defined in Section
				624.604, F.S., but limited to
				coverage of commercial risks, excluding windstorm coverage, federal crop
				insurance, crop hail insurance, the Pollution Liability Insurance Association,
				and other federal governmental pools and associations.
(b) "Commercial casualty insurance" means
				insurance as defined in Section
				624.605, F.S., other than
				workers' compensation and employer's liability insurance, but limited to
				coverage of commercial risks.
(c)
				"Guidelines for risk management plans" are descriptive instructions and
				criteria for the establishment of risk management plans and deal with one or
				more specific aspects of risk handling appropriate to one or more
				insureds.
(d) "Risk management
				plans" are detailed plans for the management of risk specific to one or more
				insureds.
(e) "Risk management
				programs" include all measures, services, guidelines, and plans established by
				the insurer for the use of its insureds in the handling of the insured's
				risks.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-166 - PROPERTY AND CASUALTY INSURER PRACTICES › Section 69O-166.045 - Special Purpose Homeowners Insurance Company (SPHIC); Notice Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.4071 FS.
New 11-19-97, Repealed
					 5-18-04.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-166 - PROPERTY AND CASUALTY INSURER PRACTICES › Section 69O-166.051 - Examination of Significant Rate Increases

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. Substantial rate increases by
				insurers adversely affects the welfare of the insurance consuming public of the
				State of Florida. The Office is authorized to conduct investigations of
				insurance matters as it deems proper to determine whether any person has
				violated any provision of the Florida Insurance Code and to secure information
				useful in the lawful administration of the Insurance Code. The Office is
				further authorized to examine each insurer as often as warranted for the
				protection of the policyholders and the public interest of this State. The
				Office has determined that the significant increase of rates fundamentally
				affects the rights of policyholders and the public interest of this State. The
				Office has determined further that in order to protect the public and to ensure
				compliance with the Insurance Code, and in the administration of the Code, the
				public welfare requires an examination of insurers which significantly increase
				rates in this State. These examinations will be conducted in an open forum, in
				the form of public hearings.
(2)
				Scope. This rule applies to residential and habitational, personal and
				commercial property insurance in the State of Florida (hereinafter,
				"residential property insurance"). This rule shall not be construed to limit
				the Office's authority or ability to conduct any examination authorized by
				Section 624.316, F.S.
(3) Public Hearings.
(a) Significant Rate Increases. The Office
				will hold a public hearing on any rate filing where the percentage of rate
				increase is 25% or more and the aggregate amount of such rate increase is
				$2,000,000 or more, or a rate increase of 50% or more.
(b) Procedure.
1. The time and place of the public hearing
				will be noticed by order of the Office.
2. The public hearing shall be for the
				purpose of gathering information and evidence, and is not subject to the
				procedures of Chapter 120, F.S. Each insurer shall bear its own costs,
				including any attorney's fees, which may be associated with this examination
				and with its attendance at the public hearing. Specifically, the public hearing
				will provide the Office with, and the insurer shall be prepared to present,
				information necessary to determine whether the increase renders the rates
				excessive, inadequate, or unfairly
				discriminatory.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.001 - Return of Unearned Premium

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless
				otherwise provided in the contract, upon cancellation of a fire and casualty
				policy by the company or the insured, the return of gross unearned premium is
				to be mailed within fifteen (15) working days after the effective date of
				cancellation, except where the provisions of Sections
				627.7283 and
				627.848(6),
				F.S., apply. The date of return made by the company or agent is determined by
				the post mark.
(2) Unless payment
				of the amount of the premium to be returned is affirmatively requested by the
				insured, the insurer need not return any amount of $5.00 or less.
(3) Subsections (1) and (2), above, do not
				apply to audit policies. Audit policies shall be subject to a time limitation
				of ninety (90) days from the date of cancellation to make the return of
				unearned premiums, if any. If such audit is not complete within this time
				limitation, then the insured's own audit shall be accepted by the insurer. Such
				unearned premium, if any, shall be mailed within ten (10) working days upon
				receipt of the insured's audit.
(4)
				The exception in subsection (3) for audit policies is subject to the full
				cooperation of the insured with the insurer or agent in securing the necessary
				data for audit. Proof of non-cooperation of the insured shall be submitted to
				the Office by the insurer or the agent upon request. In the event that
				non-cooperation still exists, then the deposit premium shall be considered
				fully earned, without prejudice as to whether additional premium is
				due.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.4133, 627.728 FS.
New 12-29-71, Formerly 4-28.03, 4-28.003, Amended 11-2-92,
					 Formerly 4-167.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.004 - Required Preinsurance Inspection of Private Passenger Motor Vehicles

Current through Reg. 50, No. 138; July 16, 2024
(1) Private passenger motor vehicle insurers
				providing physical damage coverage, including collision or comprehensive
				coverage, shall comply with Section
				627.744, F.S., regarding
				preinsurance inspection requirements. Certain preinsurance inspections are
				excluded as prescribed by Sections
				627.744(2)(a)-(l),
				F.S.
(a) A preinsurance inspection is not
				required if:
1. The agent/producer or insurer
				is transferring a book of business from one insurer to another
				insurer(s);
2. Such transfer was
				not initiated or within the control of the insured; and
3. The transfer of the block of business is
				documented in each policyholder's record.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.005 - Warranties in Policy Forms

Current through Reg. 50, No. 138; July 16, 2024
No insurer shall use the words "warrant," "warranted,"
				  "warrants," or "warranty" in contracts of insurance or in insurance
				  applications in reference to statements made by applicants or insureds. In
				  appropriate situations, an insurer may use the word "agrees" or some variation
				  to denote common consent among the parties.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.409 FS.
New 8-4-92, Formerly
					 4-167.005.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.006 - Property Insurance: Accidental Death and Dismemberment Endorsements

Current through Reg. 50, No. 138; July 16, 2024
(1) All insurers authorized to write property
				coverages in this state shall be permitted to attach to or include in the
				policy, provisions for accidental death and dismemberment coverage and for
				medical expense coverage.
(2) Such
				coverage shall become incidental to and a part of the property coverage and
				shall not be subject to the provisions of the Florida Insurance Code applicable
				to life or health insurance.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 624.604 FS.
New 1-27-92, Formerly
					 4-167.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.007 - Supplementary Payment of Defense Costs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 626.9641(1)(b) FS.
New 8-4-92, Amended 9-19-94, Formerly 4-167.007, Repealed
					 12-26-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.009 - Mortgage Property Insurance Requirements Limited

Current through Reg. 50, No. 138; July 16, 2024
No mortgage lender shall, in connection with any application
				  for a mortgage loan in this state which is secured by a mortgage on residential
				  real estate located in this state, require any prospective mortgagor to obtain
				  by purchase or otherwise a property insurance policy in excess of the
				  replacement value of the covered premises as a condition for granting such a
				  mortgage.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
New 1-27-92, Formerly 4-167.009, Amended
					 9-15-05.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.010 - Proof of Mailing

Current through Reg. 50, No. 138; July 16, 2024
When an insurer is required by law to provide notice of
				  cancellation or non-renewal of a property or casualty insurance contract and
				  the insurer provides such notice by mail, proof of mailing may be provided by
				  use of the certified or registered mail services of the United States Postal
				  Service or by a United States Postal Service proof of mailing form. The
				  certification or registration receipts or the proof of mailing form shall state
				  the name of the insured, the policy number, and the date mailed. Alternatively,
				  the insurer may establish any other system to provide proof of notice of
				  cancellation or non-renewal so long as the system clearly indicates the method
				  of notification and the name of the insured, the policy number, and the date
				  mailed.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.4133, 627.728(5) FS.
New 4-7-92, Formerly
					 4-167.010.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.011 - Homeowner's Policies: Offer of Replacement Cost Coverage and Law and Ordinance Coverage

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				applies to all covered losses arising from claims under homeowners policies as
				that term is generally used but does not apply to a tenant's form, commonly
				known as an HO-4 nor to a condominium unit owner's form, commonly known as an
				HO-6.
(2) Pursuant to Section
				627.7011, F.S., insurers are
				required to obtain a written statement from the holder of a homeowner's policy
				regarding that policyholder's selection or rejection of replacement cost
				coverage and law and ordinance coverage, as those coverages are described in
				Section 627.7011, F.S. Insurers are also
				required to provide each homeowner's policyholder with notice of the
				availability of these coverages at least once every three years. However, an
				insurer is not required to make the offers required by this rule with respect
				to the issuance or renewal of a homeowners policy which contains the provisions
				specified in Section 627.7011(1)(b),
				F.S.
(3) Insurers shall obtain
				approval to use its own form, and must use an approved form for the required
				notification every three years. Such form used by the insurer shall be retained
				by the insurer in the policyholder's file.
(4) If the insurer already includes
				replacement coverage and law and ordinance coverage as an integral part of its
				homeowners policy form, it is not necessary to obtain an explicit selection or
				rejection from the policyholder. However, the insurer shall include an
				explanation of the coverages in order to fully advise the applicant or
				policyholder of the nature of the coverages, as required by Section
				627.7011(2),
				F.S.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 624.424, 627.7011 FS.
New 11-2-94, Formerly 4-167.011, Amended
					 7-30-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.012 - Certificates of Security for Hurricane Deductibles

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this rule is to specify
				the form for a Certificate of Security to be used pursuant to Section
				627.701(5),
				F.S.
(2)
(a) An insurer that elects to offer a policy
				with a secured hurricane deductible on a personal lines property insurance
				policy shall require the insured to provide a Certificate of Security or a
				verification that the insured has a 100% equity interest in the property to be
				insured.
(b) An insurer may not
				directly or indirectly require a secured hurricane deductible as a condition of
				issuing or renewing a policy.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.013 - Residential Property Insurance Checklists and Disclosures

Current through Reg. 50, No. 138; July 16, 2024
(1) A basic homeowners', mobile homeowners',
				dwelling, or condominium unit owners' policy may not be delivered or issued for
				delivery in this state unless a comprehensive checklist of coverage on a form
				adopted by the commission and an appropriate outline of coverage have been
				delivered prior to issuance of the policy or accompany the policy when issued.
				The commission hereby adopts Form OIR-B1-1670, "Checklist of Coverage" (New
				01/01/06), which is incorporated herein by reference. This form is available on
				the Office's website at http://www.floir.com/iportal.
(2) The term "prominently display" as used in
				Section 627.701, F.S., means that
				printed matter is of bold type no less than 12 point type and is of greater
				size than the surrounding text.
Rulemaking Authority 624.308(1), 627.4143 FS. Law
					 Implemented 627.4143, 627.701 FS.
New 5-4-06.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.014 - Alternative Methods to Handwritten Statements

Current through Reg. 50, No. 138; July 16, 2024
The handwritten disclosures required by Sections 627.712(2)
				  and 627.701(4)(d)1., F.S., may be obtained by alternative methods from those
				  persons or policyholders who have a disabling condition that prevents them from
				  providing a handwritten statement. Any one or more of the following methods may
				  be used:
(1) Obtaining through an
				authorized guardian or attorney-in-fact a handwritten statement in conformance
				with Section 627.712(2) or 627.701(4)(d)1., F.S. The insurer shall maintain on
				file all documentation necessary to verify that the guardian or attorney is so
				duly authorized to execute such handwritten statement; or
(2) Videotaping the reading of the disclosure
				to the policyholder and videotaping the policyholder's verbal acknowledgement
				that the policyholder understands the disclosure and elects not to purchase the
				coverage described in the disclosure. The insurer must maintain the videotape
				with the records of the policyholder.
Rulemaking Authority 624.308(1), 627.701, 627.712 FS. Law
					 Implemented 627.701, 627.712 FS.
New 7-19-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.015 - Home Structure Rating System Adopted (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS., Ch. 2007-1, Laws of
					 Florida,§ 40; Ch. 2006-12, Laws of Florida, § 39. Law Implemented
					 624.307(1) FS.,
					 Ch. 2007-1, Laws of Florida, §
					 40.
New 11-1-07, Repealed
					 7-30-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.020 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of the rules in this part is to define Inland
				  Marine Insurance by describing the kinds of risks and coverages which may be
				  classified or identified under the insurance laws of the State of Florida as
				  Marine, Inland Marine or Transportation insurance, but does not include all of
				  the kinds of risks and coverages which may be written, classified or identified
				  under Marine, Inland Marine or Transportation insuring powers, nor shall it be
				  construed to mean that the kinds of risks and coverages are solely Marine,
				  Inland Marine or Transportation insurance in all instances.
Rulemaking Authority 624.308(1), 624.607(3) FS. Law
					 Implemented 624.307(1), 624.607 FS.
New 4-17-80, Formerly 4-48.01, 4-48.001, Amended 1-27-92,
					 Formerly 4-167.020.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.021 - Restrictions or Limitations

Current through Reg. 50, No. 138; July 16, 2024
These rules shall not be construed to restrict or limit in
				  any way the exercise of any insuring powers granted under charters and license
				  whether used separately, in combination or otherwise.
Rulemaking Authority 624.308(1), 624.607(3) FS. Law
					 Implemented 624.607 FS.
New 4-17-80, Formerly 4-48.02, 4-48.002,
					 4-167.021.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.022 - Conditions under Which Marine and/or Transportation Policies May Cover

Current through Reg. 50, No. 138; July 16, 2024
Marine and/or transportation policies may cover under the
				  following conditions:
(1) Imports.
(a) Imports may be covered wherever the
				property may be and without restrictions as to time, provided the coverage of
				the issuing companies includes hazards of transportation.
(b) An import, as a proper subject, of marine
				or transportation insurance, shall be deemed to maintain its character as such
				so long as the property remains segregated in such a way that it can be
				identified and has not become incorporated and mixed with the general mass of
				property in the United States, and shall be deemed to have been completed when
				such property has been:
1. Sold and delivered
				by the importer, factor or consignee; or
2. Removed from place of storage and placed
				on sale as part of importer's stock in trade at a point of sale distribution;
				or
3. Delivered for manufacture,
				processing or change in form to premises of the importer or of another used for
				any such purposes.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.023 - Conditions under Which Marine or Transportation Policies Do Not Cover

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise permitted, nothing in the foregoing shall be
				  construed to permit marine or transportation policies to cover:
(1) Storage of Assured's merchandise, except
				as hereinbefore provided.
(2)
				Merchandise in course of manufacture, the property of and on the premises of
				the manufacturer.
(3) Built in
				furniture and fixtures and improvements and betterments to buildings.
(4) Monies and/or securities in safes,
				vaults, safety deposit vaults, bank or Assured's premises, except while in the
				course of transportation.
(5) Live
				animal floaters.
Rulemaking Authority 624.308(1), 624.607(3) FS. Law
					 Implemented 624.607 FS.
New 4-17-80, Formerly 4-48.04, 4-48.004,
					 4-167.023.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-167 - PROPERTY AND CASUALTY INSURANCE CONTRACTS › Section 69O-167.024 - Rate Filings for Inland Marine Insurance

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule applies to marine insurance
				that is subject to Chapter 627, F.S.
(2) Section
				627.021(2)(c),
				F.S, states that Chapter 627, F.S., does not apply to ocean marine insurance as
				distinguished from inland marine insurance.
(a) Section
				627.021(2)(d),
				F.S., states that rates and rules are not required to be filed for commercial
				inland marine risks.
(b) The
				specific exclusion of commercial inland marine risks indicates that rates and
				rules for personal inland marine risks must continue to be filed with the
				Office.
(c) For purposes of this
				rule, personal inland marine is defined as insurance covering non-business
				property of a portable or movable nature that would typically be included in or
				with a homeowner's policy or a separate policy insuring one or more articles of
				property, including, but not limited to, jewelry, furs, art objects,
				silverware, glassware, small boats, sports equipment.
(d) For purposes of this rule, commercial
				inland marine is defined as commercial or industrial property, often but not
				always of a portable or movable nature or instrumentalities of transportation
				or communication, that would typically be included in or with a commercial
				lines policy or written in a separate policy insuring one or more such items of
				property, including, but not limited to, commercial goods in transit, traffic
				signals, bridges, tunnels.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of the rules in this part is to establish
				  procedures to be used by insurers in filing rates pursuant to Section
				  627.062, F.S.
Rulemaking Authority 624.308(1), 627.062(2)(b)4. FS. Law
					 Implemented 624.307(1), 627.062 FS.
New 4-9-87, Formerly 4-72.001, Amended 1-27-92, Formerly
					 4-170.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.002 - Scope

Current through Reg. 50, No. 138; July 16, 2024
The rules in this part apply to rates filed or reviewed
				  pursuant to Section 627.062, F.S. These rules shall
				  not apply to workers' compensation and employer's liability insurance, or to
				  motor vehicle insurance as defined in Section
				  627.041(8),
				  F.S.
Rulemaking Authority 624.308(1), 627.062(2)(b)4. FS. Law
					 Implemented 624.307(1), 627.062 FS.
New 4-9-87, Formerly 4-72.002, Amended 1-27-92, Formerly
					 4-170.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.003 - Calculation of Investment Income

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				purpose of this rule is to specify the manner in which insurers shall calculate
				investment income attributable to insurance policies written in Florida and the
				manner in which such investment income is used in the calculation of insurance
				rates by the development of an underwriting profit and contingency factor
				compatible with a reasonable rate of return.
(2) As used herein:
(a) "Insurance" means all classes of
				insurance subject to Section
				627.062, F.S.
(b) "Subline" means a type of insurance
				uniquely identified for purposes of establishing rates under Section
				627.062, F.S.
(c) "Property insurance subline" means
				insurance as defined in Section
				624.604, F.S.
(d) Insurer includes rating organizations
				licensed in Florida.
(e) An
				underwriting profit and contingency factor can be positive or
				negative.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.004 - Rating Plans: Discounts, Credits, Surcharges

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule applies to all commercial
				property and casualty insurance which is subject to Section
				627.062(2),
				F.S., and which is voluntarily written by an insurer in accordance with a
				rating plan. It is intended to establish guidelines and procedures for
				determining whether discounts, credits or surcharges applied under a rating
				plan are producing rates which are not excessive, inadequate, or unfairly
				discriminatory. This rule does not apply to workers' compensation and
				employer's liability insurance, to private passenger motor vehicle insurance,
				or to risks that are individually rated (pursuant to Subsection
				627.062(3),
				F.S.), or subject to excess rate procedures (pursuant to Section
				627.171, F.S.).
(2) As used in this rule:
(a) "Rating plan" means any schedule rating
				plan, experience rating plan, retrospective rating plan, individual risk
				premium modification plan, rule, procedure, plan, underwriting rule, schedule,
				or other such device for modifying filed manual rates and rating
				rules.
(b) "Subjective discount,
				credit or surcharge plan" means any rating plan which (i) applies to a specific
				policy at the discretion of the insurer, or (ii) uses subjective,
				non-quantifiable standards for determining the rate modification, or (iii) does
				not specify the exact amount of the modification. These plans include, but are
				not limited to, plans commonly called Schedule Rating Plans and Individual Risk
				Premium Modification Plans. These plans enumerate a number of individual risk
				characteristics and a range of modifications or modification factors which may
				be applied to the otherwise applicable manual rate in order to recognize
				individual risk characteristics. However, individual risk characteristics shall
				not include the degree of competition for the risk or the rates which may be
				offered by other insurers. The effect of the modification is to increase
				(debit) or decrease (credit) the otherwise applicable manual rate.
(c) "Manual rate" means the rate developed
				using the filed manual rates and premium determination rules prior to the
				application of any rating plan.
(d)
				"Experience rating plan" means any rating plan or part of a rating plan used to
				modify an otherwise applicable manual rate based on the past loss experience of
				the individual insured.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.005 - Use of Filed Rates

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				applies to all property and casualty insurance to which Section
				627.062 or
				627.0651, F.S.,
				applies.
(2) Any rate filing made
				with the Office shall elect whether rates are filed as "file and use" or "use
				and file" as defined in Section
				627.062(2) or
				627.0651(1),
				F.S.
(3) The filing of rates
				requires that specific rates be filed and precludes the filing of ranges of
				rates.
(4) All rate filings shall
				be submitted pursuant to Rule
				69O-170.013, F.A.C.
(5) For "use and file" filings, any filing
				which is not made within the timelines provided by statute, e.g., the filing is
				received by the Office more than 30 days after the effective date, shall result
				in the Office's issuance of a Notice of Intent to disapprove.
(6)
(a)
				Changing the filing designation during the review of the filing from "file and
				use" to "use and file" or from "use and file" to "file and use", shall
				constitute a withdrawal of the filing and require a timely resubmission under
				the revised filing type as a new filing.
(b) Notwithstanding the above and following
				the approval of the filing by the Office, pursuant to Section
				627.062 or
				627.0651, F.S., the filer may
				amend the effective date for a "file and use" filing to be shorter than the 90
				or 60 days indicated in Section
				627.062 or
				627.0651, F.S., as long as the
				amended effective date is subsequent to the approval of the Office and provides
				the required statutory policyholder notice.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.006 - Rate Manual Filings and Revisions

Current through Reg. 50, No. 138; July 16, 2024
(1) Each insurer shall submit manual pages
				and a checklist page or manual revision notice specifying the rule of
				application, effective date and the page number of:
(a) Each new (or revised) manual page
				included with the filing.
(b) Each
				existing manual page being replaced by a new (or revised) manual
				page.
(c) Each existing manual page
				being deleted and not replaced.
(d)
				Each unchanged manual page that continues to be applicable if requested by the
				Office.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.007 - Annual Rate Filings

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) This rule applies to each insurer or
				rating organization subject to Section
				627.0645, F.S.
(b)
1.
				Commercial Multiple Line insurance, for purposes of this rule, is defined as
				insurance that includes a combination of one or more property lines of
				insurance, e.g., fire and allied lines, and one or more casualty lines of
				insurance, e.g., general liability, burglary and theft.
2. Commercial Multiple Line insurance shall
				be interpreted as being the same as Commercial Multiple Peril
				insurance.
3. Commercial Multiple
				Line insurance or Commercial Multiple Peril insurance which is written on an
				indivisible premium basis is subject to this rule.
4. Divisible premium Commercial Multiple
				Peril policies shall not be subject to this rule.
(c) A base rate filing considers the overall
				rate level and individual components of a line or subline being reviewed,
				although all are not necessarily revised in a base rate filing. A base rate
				filing may include, for example, a package modification factor.
(d) For purposes of identifying filings
				submitted to the Office, a line of business shall be identified by one of the
				following, although additional identification may be used as needed:
1. Commercial Multiple Peril Policy (with
				indivisible premium),
2. Dwelling
				Fire and Liability,
3.
				Homeowners,
4. Mobile
				Homeowners,
5. Motor Home and
				Motorcycle,
6. Personal Inland
				Marine,
7. Personal Liability;
				and,
8. Private Passenger
				Automobile.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.010 - Short Rate Cancellations and Fully Earned Premiums Prohibited

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule applies to all property and
				casualty insurance to which Section
				627.062, F.S., applies. It is
				intended to clarify the premium amount that an insurer must return to the
				insured upon cancellation of a policy by the insured. The provisions of this
				rule do not apply to inspection fees or other fees defined by statute to be
				fully earned.
(2) Under this rule,
				the use of short rate cancellation tables or procedures that develop return
				premiums that are less than 90% of the pro rata unearned premium in a policy
				being cancelled is prohibited unless actuarial or other justification is
				provided.
(a) Actuarial justification shall
				demonstrate that the rates produced by the proposed cancellation procedures are
				not excessive, inadequate or unfairly discriminatory.
(b) Justification other than actuarial may
				demonstrate that the insurance cancellation provisions are a minor part of the
				financial transaction.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.011 - Drafted Water Supplies

Current through Reg. 50, No. 138; July 16, 2024
(1) In the case
				of fire insurance rates, consideration shall be given to the public protection
				grading for the area in which the property is located.
(2) If the property is located within an area
				that has been graded by a licensed rating organization or insurer, the grading
				established by that entity shall apply.
(3) If the provisions of subsection (2) do
				not apply and if the property is located within 5 road miles of a recognized
				responding fire department but more than 1000 feet from a public fire hydrant
				connected to an appropriate water supply, then the following alternate,
				creditable water supply shall be considered:
(a) Lakes, ponds, swimming pools or water
				reservoirs that are accessible to a responding fire department that is equipped
				to appropriately use water from these sources.
(b) Tanker trucks capable of carrying
				sufficient water for fire fighting purposes to any property within the
				protected area.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.012 - Sinkhole Insurance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1) FS. Law Implemented Sec. 4,
					 House Bill 89-B, Special Session B (1993), Ch. 92-146, Sec. 2, Laws of Florida,
					 624.307(1),
					 626.9541,
					 626.9641,
					 627.4133,
					 627.706
					 FS.
New 9-29-92, Amended 9-8-93, Formerly 4-170.012, Repealed
					 1-28-13.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.013 - Filing Procedures for Property and Casualty Insurance Rates, Rules, Underwriting Guidelines, and Forms

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The procedures in this rule apply to all
				insurance rate, rule or form filings for property and casualty insurance as
				defined in Sections 624.604,
				624.605,
				634.011(8),
				634.301(4),
				634.401(14),
				642.015(3),
				648.25(1),
				635.011(1) and
				627.826(1),
				F.S.
(b) Underwriting guidelines
				for private passenger automobile, homeowners' and mobile homeowners' insurance,
				for both new and renewal business shall be filed pursuant to this
				rule.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.0135 - ACTUARIAL MEMORANDUM

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) An actuarial opinion and memorandum
				supporting the opinion shall state that the rates are not excessive,
				inadequate, or unfairly discriminatory and comply with the laws of this
				state.
(b) If the opinion cannot be
				given, a complete explanation of the reason or qualifications shall be
				provided.
(c) If the opinion and
				memorandum are prepared by a different individual from the person who prepared
				the prior filing, an explanation of the reason for this change shall be
				provided.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.014 - Homeowners Insurance Ratemaking and Rate Filing Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				This rule shall apply to all homeowners insurance rates filed pursuant to
				Section 627.062, F.S.
(b) For purposes of this rule, reference to
				homeowners insurance shall include mobile homeowners insurance written on
				homeowners type policies and mobile homeowners insurance written on auto
				physical damage type policies.
(c)
				The information required by this rule shall be included as a required component
				of the filing made pursuant to subsection
				69O-170.013(3),
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.0141 - Dwelling Insurance Ratemaking and Rate Filing Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				This rule shall apply to all dwelling fire and extended coverage insurance
				rates filed pursuant to Section
				627.062, F.S.
(b) For purposes of this rule, reference to
				dwelling fire insurance shall include mobile home dwelling insurance written on
				dwelling fire type policies.
(c)
				The information required by this rule shall be included as a required component
				of the filing made pursuant to subsection
				69O-170.013(3),
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-170 - PROPERTY AND CASUALTY INSURANCE RATING › Section 69O-170.0142 - Ratemaking and Rate Filing Procedures for Commercial Residential Insurance and All Other Lines

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The procedures in this rule apply to all
				commercial residential insurance rates filed pursuant to Section
				627.062, F.S., and all other
				lines of property and casualty insurance as defined in Sections
				624.604 and
				624.605, F.S.
(b) This rule does not apply to medical
				malpractice coverage which is subject to Rule
				69O-170.0143, F.A.C. or workers'
				compensation insurance as defined in Section
				624.605(1)(c),
				F.S.
(c) For purposes of this rule,
				reference to commercial residential insurance shall include insurance on the
				following types of risks:
1. Condominium
				associations;
2. Homeowners
				associations;
3. Apartment
				buildings;
4. Hotels and
				motels;
5. Dormitories (including
				sorority and fraternity houses);
6.
				Boarding houses; and
7. Rooming
				houses.