INFORMATIONAL MEMORANDUM:
TO ALL PERSONAL AND COMMERCIAL RESIDENTIAL PROPERTY INSURERS AUTHORIZED TO DO BUSINESS IN FLORIDA
~Property Claims Lifecycle Data Call: Reporting Requirements (Form OIR-B1-2222)~
Guidance
OIR has heard reports that legal fees associated with litigation may be excessive and a hindrance to making consumers whole following a loss. To ensure compliance with statutory reporting requirements and transparency for impacted consumers, OIR is issuing this informational memorandum.
Insurers issuing personal or commercial lines residential property insurance policies are required to complete the “Florida Property Claims Lifecycle Data Call Reporting Form,” (Form OIR-B1-2222) by March 1st of each year. This form, incorporated in Rule 69O-171.011, F.A.C., covers all claims closed in the previous year and must include all information required by statute. Insurers are responsible for ensuring all required data is collected to make a complete filing. This includes accurately reporting the amount of claim settlement attributable to each category outlined in Section 624.424(11), F.S., including the claimant’s attorney fees, the claimant’s attorney expenses, and any contingency risk multipliers requested by the claimant’s attorney.
Section 624.424(11), F.S., outlines the data required to be reported on each closed claim stating that the report must include the following information for each claim closed, excluding liability only claims, within the reporting period in this state:
- The unique claim identification number.
- The type of policy.
- The zip code of the property where the claim occurred.
- The county where the claim occurred.
- The date of loss.
- The peril or type of loss, including information about:
- The types of vendors used for mitigation, repair, or replacement; and
- The names of vendors used, if known.
- The date the claim was reported to insurer.
- The initial date the claim was closed, including information about whether the claim was closed with or without payment.
- The date the claim was most recently reopened, if applicable.
- The date a supplemental claim was filed, if applicable.
- The date the claim was most recently closed, if different from the initial date the claim was closed.
- The name of the public adjuster on the claim, if any.
- The Florida Bar number and name of the attorney for the claimant, if any.
- The total indemnity paid by the insurer.
- The total loss adjustment expenses paid by the insurer.
- The amount paid for claimant’s attorney fees, if any.
- The amount paid in costs for claimant’s attorney’s expenses, including, but not limited to, expert witness fees.
- The contingency risk multiplier, if any, that the claimant’s attorney requested to be applied in calculating the attorney fees awarded to the claimant’s attorney.
- The contingency risk multiplier, if any, that a court applied in calculating the attorney fees awarded to the claimant’s attorney.
- Any other information deemed necessary by the commission to provide the office with the ability to track litigation and claims trends occurring in the property market.
A review of filings made over the past three years indicates that some insurers may not be accurately reporting the amounts for claimant’s attorney fees, claimant’s attorney expenses, and claimant’s attorney contingency risk multipliers which are required in Section A-3 of Form OIR-B1-2222. Insurers must ascertain and retain the data necessary to accurately report the amounts paid for each of the items listed in the statute and on the report, even if an insurer issues a single check to cover all fees, costs, expenses, and claim payments. Insurers must provide accurate information on what portion of the payment covers claimant’s attorney fees, claimant’s attorney expenses, and contingency risk multipliers requested by the claimant’s attorney. To the extent that third-parties object to providing such information to insurers attempting to settle claims, such objections do not eliminate insurers’ reporting requirements. Insurers are encouraged to examine all legal options to ensure compliance with the reporting requirements, up to and including changes to policy forms.
Based on the Office’s findings, and the importance of ensuring the data provided to the Legislature and Governor is accurate, the Office will continue to closely evaluate these fields in future filings. Residential property insurers should ensure they are able to accurately report all data fields for 2025 claims as required by Florida law.
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 floir.com or follow on X @FLOIR_comm.
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