Florida Office of Insurance Rules Effective July 1, 2009

The following rules have been finalized and adopted by the Florida Office of Insurance Regulation (“OIR”) and are effective July 1, 2009.

• 69O-138.005 Exams By Non Employees.

The OIR is required by Florida law to examine the affairs, transactions, accounts, records and assets of each authorized insurer and of the attorney in fact of a reciprocal insurer. The examination standards with which the OIR must comply are established by statute and adopted by rule.   An examination is required of each insurer before applying for an initial Certificate of Authority to transact business in Florida.  Section 624.316, the governing Florida Statute, also permits the OIR, in lieu of making its own examination of a foreign insurer, to accept a full report of the most recent examination of a foreign insurer, as certified to by the insurance supervisory official of another state.

The OIR may conduct examinations of an insurer by contacting for the services of an independent Certified Public Accountant, an actuary, a reinsurance specialist, an investment specialist, information technology specialist, or any combination of these individuals as the particular circumstances of the examination require.

To read the complete Rule text, click here.

• 69J-7.003 Free Wind Inspections.

An application for a free wind inspection will be approved if a Florida homeowner lives in a single-family, site-built, detached home. Properties that are ineligible for a free wind inspection include mobile homes, manufactured homes, apartments, condominiums, multi-family dwellings and businesses. Applications can be made on-line at http://www.mysafe floridahome.com/NewApplicant.asp or by telephone at 1(866)513-6734.

As part of the inspection, the inspector will review any documents the homeowner has on their opening protections (such as shutters, impact resistant windows or garage door). The inspector will also review any documents in regards to roofs under five years old. If the inspector is unable to determine the wind protection rating or building code approval number of the existing shutters or roof shingles, and the homeowner is unable to provide documentation to substantiate this information, then the inspector will not be able to confirm that the homeowner has hurricane-rated opening protection or roof covering.

If insurance information was provided when applying for the inspection, an estimate of insurance discounts that may be available may be provided in the final report.

• (REPEALED) 69J-2.002 Alternative Procedures for Resolution of Disputed Commercial Lines Residential Insurance Claims Arising from Hurricane and Tropical Storm Damage. To view Rule 69J-166.002: Mediation of Commercial Residential Property Insurance Claims, the replacement Rule that was effective on May 20, 2009, click here.