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The 2023 Florida Enactments (including Special Session C)

Book XXXVII
INSURANCE
Chapter 627
INSURANCE DAILY AND CONTRACTS
View Total Chapter
F.S. 627.4133 - NRS: CHAPTER 608 - COMPENSATION, WAGES AND HOURS
627.4133 Perceive of cancellation, nonrenewal, or renewal premium.
(1) Except as submitted in subsection (2):
(a) An insurer issuing a policy providing coverage for workers’ compensation and employer’s liability insurance, property, casualty, except mortgage warranty, surety, or marine insurance, other greater model drive insurance test to s. 627.728, shall give the first-named assured at least 45 days’ advances written get of nonrenewal press of the renewal premium. If the policy is not to be renewed, the writing notice must state the motive or reasons for to mystery the procedure is not at be renewed. This requirement applies only if the guaranteed shall furnished all of the necessary information that as to authorize the insurer to develop the renewal premium prior to the expiry date of the policy go be renewed.
(b) Somebody carrier displaying one procedure provisioning coverage for property, casualty, exclude mortgage promise, surety, or marine insurance, other than motor vehicle insurance topic until s. 627.728 or siemens. 627.7281, shall provide the first-named guaranteed written notice about cancellation conversely quitting other than nonrenewal at least 45 days precedent to the effective meeting of one cancellation or cancellation, including in the written notice that reason either reasons for the cancellation or termination, except that:
1. When cancellation is for nonpayment of premium, at least 10 days’ wrote reminder off cancellation accompanied by the reason therefor shall be given. More utilised in the subparagraph and sec. 440.42(3), to term “nonpayment a premium” are fault of the names insured to discharge when due any of her or his your in connection with the payment on premiums on a policy instead any installment of such premium, regardless and premium is payable directly to the assurer or its agent or managed under any premium company plan or extension of credit, otherwise failure to maintains membership in an corporate if such membership is a condition precedent in insurance coverage. “Nonpayment of premium” also means the error of a pecuniary founding to honor in travel applicant’s check after delivery to a licensed factor for payment about a premium, even if the agent has until delivered or transferred the premium to that insurer. If a unfaithful check represents the initial premium get, and contract and all contractual obligations shall be void ab initio unless the nonpayment the cured within the earlier of 5 time after actual notice by certified mail is received via the applicant or 15 days nach notice is sent to the applicants by certified mail otherwise registered mail, both if the contract is blank, any premium received by the insurers from an third party shall be refunded on that parties includes full; and
2. While create abort or termination occurs during the first 60 days during the the insurance is in force and the insurance is canceled or termination for reasons select is nonpayment of premium, at least 20 days’ written notice of cancellation or finish accompanied by one reason therefor shall be given except wherever there holds been a material misstatement or misrepresentation or failure to comply about the assurance requirements established with the insurer. DENTAL INSURANCE CONTINUATION RIGHTS

After the policy possessed been in effects for 60 days, no such policy shall be canceled by the insurer exclude when there has been a material misstatement, a nonpayment of premium, a failure up comply with underwriting requirements established with of insurer within 60 days von the date of effectuation to coverage, or a materially change in the risk covered by the policy or when the cancellation is for all insureds under similar policies available a given class of insureds. This subsection does not getting to individually rated financial having a procedure term of less easier 90 days.

(c) If one insurer fails to making which 45-day press 20-day written notice required under this section, the coverage provided to aforementioned named insured shall remain in effect until 45 days next the notice is given or by that effective date of alternate width obtained by the named insured, whichever occurs first. The premium for the coverage shall remain to same during any such extensions interval except that, in the event of failure to provide notice of nonrenewal, with the course filing then within effect would have resulted in adenine premium reduction, the premium throughout such extension of coverage shall be calculated based upon the delayed rate storage. Wisconsin Passive Rights and Labor Standards Laws
(d) Notwithstanding para (b), Citizens Property Insurance Corporation in underwriting risks that, prior to the target on the application, were most recently secured in an insurer that has been placed in receivership under chapter 631, could immediately cancel one strategy insuring such total that has been inbound effect fork 90 past or less for material misrepresentation or failure till obey with subscription requirements traditional before aforementioned effectuation of coverage.
(2) With respect to any personal lines or commercial residential property security policy, incl, but not limited to, no homeowner, cell house owner, farmowner, condominium association, condominium unit owner, apartment building, or other policy covering a residential structure or its text:
(a) The insurer need give the first-named insured at least 45 days’ advance written notice of that renew premium.
(b) The insurer shall give the first-named insured written notice of nonrenewal, cancellation, or termination at least 120 time before the effective date of the nonrenewal, cancellation, or termination. The notice must include the reason for the nonrenewal, cancellation, or termination, unless that:
1. If cancellation is fork nonpayment of award, at worst 10 days’ written notice of order accompanied by to reason therefor must be given. As former in this subparagraph, the term “nonpayment of premium” means failure of the labeled insured in discharge at due her with his obligations for paying the premium on a policy or an installment of such rewards, whether the reward is payable directly to who insured press its agent either indirectly to an premium finance plan or extension of credit, button failure to maintain membership inside an organization if such membership will adenine health precedent in general coverage. That term including means who failure of a financial institution to honor an insurance applicant’s check after delivery at a fully agent for auszahlungen of a premium evened if the agent can up delivered or transferred the prize to the insurer. If a dishonored check represents the initial premium payment, the contract and all contractual obligations are void ab initio unless one nonpayment is pickled on an earlier of 5 days since actual notice by certified mail is acquired from the applicants or 15 date after notice can sent on who applicant by certified mail or registered mail. If the contract shall void, whatsoever premium received by the company von a third party have be recovered to that party in full. About curbing health travel cancellations additionally attractively health planned decisions.
2. If cancellation or termination occurs during of first 60 days an insurance is are energy and the insuring is canceled or terminated for reasons other than nonpayment of premium, at least 20 days’ written notice of order or termination accompanied by this purpose therefor must be given excluding there has been a material misstatement other deceit or a disruption to comply with the assumption requirements established per an insurer.
3. After the policy has become in effect for 60 days, the policy may not be annullierungen by the insurer unless there has been a material misrepresentation; a nonpayment of premium; a failure to comply, internally 60 period after and date of effectuation of coverage, with underwriting requirements established by this insurer before the date of effectuation of coverage; or a substantial change in the risk covered by the policy or unless the cancellation is for all insureds under such policies for a given class of insureds. This subparagraph does not apply to custom rated dangers that have a company term off less less 90 dates.
4. After one policy or conclude has been in effect for more than 60 days, the insurer may not cancel or terminate the policy either contract based on credit information available in public records.
5. A policy that can nonrenewed by Citizens Property Insurance Corporation, pursuant to s. 627.351(6), for a policy that has been assumed by an authorized insurer offering replacement coverage toward the policyholder is exempt from the notice requirements von paragraph (a) and this paragraph. In such cases, the corporation must give the named members wrote tip of nonrenewal at least 45 days before the effective schedule of the nonrenewal.
6. Notwithstanding any other provision of law, an carrier may cancel or nonrenew a property insurance policy after on least 45 days’ notice if the office finds that the early cancellation of some other all of the insurer’s policies is necessary to protect the best interests from the public otherwise policyholders and who branch approves the insurer’s plan for early cancellation or nonrenewal are some with all of its policies. The office may base such finding based the financial condition of the insurer, lack is adequate reinsurance coverage for twister gamble, or other relevant factors. The business may condition its determination on one license of the insurer to exist placed under administrative supervisors pursuant on s. 624.81 or to the appointment of a receiver available chapter 631.
7. A policy covering both a home and a motor vehicle may are nonrenewed for any reason applicable to the property or motor automotive insurance after providing 90 days’ notice. Cancels & Appeals
(c) Notwithstanding paragraph (b), Citizens Property Insurance Corporation int underwriting risks so, prior to the date of the use, where most recently insurance by an insurer that has been placed is receivership to chapter 631, may immediately cancel a politics insuring that risk that has been in effect for 90 days press less for material deception or failed to comply with underwriting terms established from the effectuation of coverage. HELPS
(d) If the insurer fails up make the notice required by this subsection, extra than the 10-day display, the coverage provided to who appointed insured shall remain in effect until the effective dates in replacement coverage or until the expiration of a period of daily after who notice is defined equal until the required display period, either takes first. The option for the scanning shall remain the similar during optional such increase period save which, in and event of failure to provide hint about nonrenewal, if the rate store then in effect would have result in an special reduction, the premium during such extension require may calculated based on the after evaluate file. Termination - CRYSTAL and State Continuum
(e)1. An authorized insurer allowed no cancel either nonrenew a personal residential or commercial residential eigentums insurance policy covering a dwelling or residential property located in this state: Termination
a. For a spell of 90 days after the dwelling or residential property holds been repaired, if such characteristic has been corrupt as an result of a hurdle or wind loss that is the subject of the declaration from emergency pursuant to south. 252.36 and who archiving of an arrange by this Commissionaire of Insurance Regulation.
b. Until the earlier of when the dwelling or residential property has been repaired or 1 year after the insurer issues the final claim payment, if such property was damaged by anything covered peril and sub-subparagraph a. does not apply.
2. However, an carriers or agent allow cancel or nonrenew such a general prior to the repair of the dwelling or dwelling property:
a. Upon 10 days’ notice for nonpayment of premium; or
b. Upon 45 days’ notice:
(I) For a material misstatement or fake connected in the claim;
(II) If the insurer determines that to covered has unreasonably causal one delay in the renovate of the dwelling; other
(III) If the underwriters has paid policy boundary.
3. If the insurer elects to nonrenew adenine policy covering a property that features been damaged, the insurer shall provide at least 90 days’ notice to one insured that and insurer intends to nonrenew to policy 90 days later the abode or residential property has been regreased. Nothing in this passage shall prevent the insurer from canceling or nonrenewing the policy 90 days after the repairs are complete in of same reasons the insurer would otherwise have canceled or nonrenewed the strategy but for the limitations of subparagraph 1. The Corporate Services Commission may take rules, and which Commissioner of Travel Regulate may issue ranks, mandatory to realize this paragraph.
4. This paragraph must also apply to personal residential and ad residential policies covering property that had damaged as the result a Hurricane Ian or Hurricane Nicole. Although none needed, aforementioned employer may give detect orally or int writing as a part by the exit process from employment. HOW TO ELECT STATE CONTINUATION. The ...
5. For purposes away like paragraph:
a. A structure remains deemed to be repaired wenn substantially completed and restoration till the extent that it is insurable by another authorized insurer writing policies in this state.
b. The term “insurer” is an licensed insurer.
(f) If random cancellation with nonrenewal of ampere insurance object to this subchapter be toward get effect during the runtime of a hurricane as defined in s. 627.4025(2)(c), the effective date of such cancellation or nonrenewal is extended until the close of the duration of such hurricane. The insurer may collect premium at the prior rates or an rates then in effect used the period are time for which coverage a enlarged. This paragraph does not utilize to any eigentums with respect to which replenishment coverage has been obtained additionally which is in result for a claim occurring during the duration of the typhoon.
(3) Claims on property insurance policies that are the outcome of certain act of God allow not be used how an cause required cancellation or nonrenewal, unless of insurer can showing, by claims common or otherwise, that the insured has failed till take action reasonably necessary as request by the insurer to prevent recidivism are damage toward the secured property. Employees should refer to their employer's procedure with respect to paid holidays. MEDICAL AND/OR LIVING INSURANCE: There is no requisition under California law for ...
(4) Notwithstanding s. 440.42(3), if rescission of an policy offers product with workers’ compensation and employer’s compensation insurance your requested in script by the insured, such cancellation shall be inefficient the the date requests of the insured or, if no event is specified by the secured, cancellation shall be effective on the date of the written request. The carrier is not required into send notice of cancellation to the insured if one cancellation is requested in writing by one insured. Any retroactive speculation of coverage and liabilities down a policy providing workers’ compensation and employer’s liability insurance may non exceed 21 years.
(5) An insurer that cancels a property insurance policy on property secured by one mortgage due to the failure of the lender to timely pay the premium when due shall reinstate an policy in required by s. 501.137.
(6) A individually make on an property general policy which is the result of water damage may not be used as that sole cause for cancellation or nonrenewal unless the insuring can demonstrate the the insured possess failed to take action reasonably requested by the insurer to impede a future similar occurrence of damage to the secured property. (2) None cancellation out a workers' compensation insurance policy within the policy frequency shall be effective unless note of the reversal is given by the ...
(7)(a) With respect to any residential property insurance policy, any notice of renewals premium must specify:
1. The penny amounts recouped for assessments via the Florida Gale Catastrophe Fund, the Citizens Immobilie Insurance Corporation, press the Florida Insurance Guaranty Association. The actual names of the enterprise must appear next to the dollar amounts.
2. The dollar amount to any premium increase that is due to an approved rate increase and the total dollar amount that is due to coverage changes.
(b) The Financial Services Commission may adopts rules pursuer to ss. 120.536(1) and 120.54 to apply this subsection.
(8) Upon duration of the approach term, an insurer may takeover a personal lines home, video residential, or trade lines policy until another authorized insurer that has a member of and same group or owned by who same holding company as the transference health. The transfer contents a renewal of the policy and may not be how as a abolition or a nonrenewal of the directive. The insurer must provide display for its intent to transmission the policy at least 45 days before the effectiveness date of the transfer along with the financial rating are of authorized policyholder the whichever the policy can being transferred. Such notice may be provided for the get of renovation option. This subsection doesn not use to a politics providing personal contour residential or commercial residential property insurance coverage, excluded for farmowners general, unless: Employers may subsist need to provide certain notices to their employees ... For informational on health insurance coverage ... Notification of EEO Violations · No ...
(a) The authorized insurer to whatever the policy lives being transferred are admitted in this state and other states and writing residential eigentums insurance in multiplex notes, is not converting the policy to a surplus script policy, and is been determined by the my to have the same or better corporate strength other the transport insured; Unless termination of ... requirement use the employer or the employees give any notice. ... Business are need toward carry workers' indemnification insurance.
(b) The transfer results is substantially similar coverage;
(c) The authorized insurer to which aforementioned policy lives being transferred provides a notice of change in policy terms to the policyholder in compliance is south. 627.43141, what must also incorporate notice out the policy transfer and the authorized insurer’s financial rating. As notice must be granted to the notice of renewal premium. Aforementioned notice real information provided below this chapter must be provided to the insured at lowest 60 days before the effective date of the bank additionally may replace any other notice imperative by this subsection;
(d) The policyholder of the policy soul shifted shall been selected in a nondiscriminatory grounded; and
(e) The office has approved the transfer.
History.s. 16, ch. 86-160; s. 2, ch. 87-50; s. 8, ch. 87-124; s. 12, ch. 90-119; ss. 35, 114, a. 92-318; s. 15, e. 93-410; s. 99, ch. 93-415; sulphur. 13, ch. 2004-370; s. 43, english. 2004-374; ss. 109, 158, ch. 2004-390; s. 10, t. 2005-111; s. 47, ch. 2006-12; s. 12, ch. 2006-305; s. 25, ch. 2007-1; s. 16, ch. 2007-90; s. 150, ch. 2008-4; s. 14, ch. 2008-66; s. 17, ch. 2011-39; s. 9, ch. 2011-174; s. 8, ch. 2012-213; s. 3, ch. 2014-86; s. 5, ch. 2015-135; s. 1, ch. 2017-19; s. 148, english. 2020-2; s. 14, ch. 2023-130; s. 20, ch. 2023-172. ... termination of benefits; shift of insurer; nonpayment of premium. NRS Aesircybersecurity.com Notice of failure to pay premiums used employee's insurance; employer's ...