Cancellation of Property Insurance Policies in Florida after Hurricane Michael

After Hurricane Michael, on October 15, 2018, Florida Insurance Commissioner David Altmaier issued an Emergency Order No. 234790-18-EO, that affected insurers writing insurance in the following counties affected by Hurricane Michael: Bay, Calhoun, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Suwannee, Taylor, Wakulla, and Washington Counties.

A copy of the Order is available here:

https://floir.com/sitedocuments/234790-18-EO_Hurricane%20Michael_Suspension_of_Certain_Rules.pdf

The Order prohibits an insurer from cancelling or non-renewing a personal residential or commercial residential property insurance policy covering property in one of the above-stated counties and damaged by Hurricane Michael for a period of 90 days after the dwelling has been repaired, except as provided in section 627.4133(2)(d), Florida Statutes.

Florida Statutes, Section 627.4133(2) provides, in part, that:

With respect to any personal lines or commercial residential property insurance policy, including, but not limited to, any homeowner, mobile home owner, farmowner, condominium association, condominium unit owner, apartment building, or other policy covering a residential structure or its contents. . . Upon a declaration of an emergency pursuant to s. 252.36 and the filing of an order by the Commissioner of Insurance Regulation, an insurer may not cancel or nonrenew a personal residential or commercial residential property insurance policy covering a dwelling or residential property located in this state which has been damaged as a result of a hurricane or wind loss that is the subject of the declaration of emergency for a period of 90 days after the dwelling or residential property has been repaired. A structure is deemed to be repaired when substantially completed and restored to the extent that it is insurable by another authorized insurer that is writing policies in this state.

The Emergency Order expired on January 7, 2019, however, the Florida Office of Insurance Regulation (OIR) issued an Informational Memorandum, OIR-19-01M, reminding property and casualty insurers that Section 627.4133(2) remains in effect and generally protects policyholders from policy cancellations or nonrenewals.