INFORMATIONAL MEMORANDUM
OIR-23-03M
~ Implementing Section 627.4108, Florida Statutes, Claims-handling manuals; submission; attestation ~
TO ALL AUTHORIZED RESIDENTIAL PROPERTY INSURERS
The purpose of this informational memorandum is to notify authorized residential property insurers of a new requirement pursuant to Senate Bill 7052, which is now 2023-172, Laws of Florida. The bill provides emergency rulemaking authority for the purpose of implementing Section 627.4108, Florida Statutes, Claims-handling manuals; submission; attestation.
By August 1, 2023, each authorized residential property insurer must submit an attestation stating that they have created and use claims-handling manuals that meet the requirements of the Florida Insurance Code and meet minimum, usual and customary industry claims-handling practices. Further, the insurer must attest that it maintains adequate resources available to implement the requirements of its claims-handling manuals at all times, including during natural disasters and catastrophic events.
The form for submitting the attestation has been promulgated in emergency rule 69O-ER-23-2 and can be accessed through IRFS at https://www.floir.com/iportal or on OIR's website here.
The same or similar attestation will need to be filed thereafter annually by May 1, of each subsequent year through IRFS (information on this process is forthcoming). In addition, the OIR may request copies of these claims-handling manuals, which must be submitted within 5 days of the request and accompanied by an attestation on a prescribed form, which will be provided by the OIR with the request for the manual. The attestation and requested manual(s) may be submitted via email to Claims-HandlingManuals@floir.com.
For questions regarding this memorandum, please contact: Claims-HandlingManuals@floir.com.
About the OIR
The Florida Office of Insurance Regulation (OIR) has primary responsibility for regulation, compliance, and enforcement of statutes related to the business of insurance and the monitoring of industry markets. For more information about OIR, please visit www.floir.com or follow on Twitter @FLOIR_comm.
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