FPCA Homeowners Division: Florida Hurricane Catastrophe Fund Proposed Rules on Insurer Reporting Requirements and Responsibilities Withdrawn; Rulemaking Process To Re-Commence
Apr 14, 2011
Florida Property and Casualty Association Homeowners Division Members:
Florida Hurricane Catastrophe Fund (“FHCF”) proposed Rules 19-8.029 and 19-8.030, Florida Administrative Code, will be withdrawn and the rulemaking process re-commenced, due to a technicality related to a required deadline of the rule development process.
Rules 19-8.029 and 19-8.030, respectively entitled “Insurer Reporting Requirements” and “Insurer Responsibilities” adopt 2011/2012 Contract Year forms. Rule 19-8.029 adopts the 2011/2012 Data Call and the 2011/2012 Interim and Proof of Loss forms. Rule 19-8.030 adopts the 2011/2012 Exposure and Loss Examination Advance Preparation Instructions and the 2011/2012 Interim and Proof of Loss forms.
A public hearing was held on January 25, 2011, to discuss the proposed changes to these rules. Colodny Fass attorneys were in attendance at the hearing and participated in the discussions on behalf of the Florida Property and Casualty Association Homeowners Division (“FPCA”). The issues of concern at that time involved: required reporting of attorney fees and/or public adjuster fees; the reporting of amount of loss for each category of coverage; privacy concerns with respect to required payment history screen prints; and privilege concerns related to required diary/claim notes and adjuster reports. After discussion, the draft proposed rules were modified in a manner that was acceptable to FPCA members, subject to approval of the FHCF Advisory Council and Trustees of the State Board of Administration.
Substantive amendments to the rules beyond those already discussed and adopted are not anticipated. Because of the rulemaking technicality that has necessitated the withdrawal of the proposed rules, the FHCF will be required to go through the normal rulemaking process again for these rules. Our firm has been advised by the FHCF that notice of a conference call workshop for the proposed rules, to be held on May 6, 2011, will be published in the Florida Administrative Weekly on April 22, 2011.
Copies of draft proposed rules and forms (which are the same as the last draft versions) and a workshop agenda are attached hereto. Should you have any comments or questions, please contact Jennifer Erdelyi (jerdelyi@cftlaw.com) at Colodny Fass.
