Disaster recovery

Emergency Order no. 315284-23 applies to all insurers in the state and policyholders in Alachua, Baker, Bradford, Citrus, Columbia, Dixie, Franklin, Gilchrist, Hamilton, Hernando, Hillsborough, Jefferson, Lafayette, Leon, Levy, Madison, Manatee, Marion, Pasco, Pinellas, Sumter, Suwannee, Taylor, Union, and Wakulla counties. This order extends grace periods for any policy, provision, notice, correspondence, or law that imposes a time limit upon an insured to perform any act until October 31, 2023. Prohibits the cancellation or nonrenewal of a policy in an impacted area, except at the written request of the policyholder, until October 31, 2023. Prohibits the cancellation or nonrenewal of a personal residential or commercial residential property insurance policy covering a property repaired as a result of damage from Hurricane Idalia for a period of 90 days after it has been repaired. Directs insurers, surplus lines and other regulated entities to implement processes and procedures to facilitate the efficient payment of claims.

The emergency order applies to homeowners, renters, auto, and commercial insurance policies in areas affected by wildfires and extends until October 17, 2023. The order directs all insurers, insurance producers, surplus line brokers, and other entities regulated by the Insurance Commissioner (hereafter “Regulated Entities”), as follows:

1. Between August 19, 2023, and October 17, 2023, all Regulated Entities transacting any property insurance business must provide grace periods of no less than forty-five (45) days for nonpayment of premium and must waive otherwise applicable charges and fees associated with nonpayment of premium, such as late fees and reinstatement fees.
2. Between August 19, 2023, and October 17, 2023, no property insurer shall cancel a policy issued for nonpayment of premium, unless specifically directed to do so by the insured.
3. Between August 19, 2023, and October 17, 2023, the 45-day notice period for nonrenewal notices is suspended during the state of emergency. No property insurer shall issue a notice of nonrenewal less than 120 days before the expiration date of the policy.

Requires insurers to implement a 60-day moratorium for cancellation of any insurance policy for any policyholder directly affected by recent flooding in southern Indiana. This bulletin applies to policyholders residing in Jefferson, Ohio, and Switzerland counties and all lines of insurance.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Indiana, and asked for all such business areas to comply with the Bulletin's requests.

Between September 28, 2022 and November 28, 2022, FL OIR has issued an emergency order for Hurricane Ian regarding the extension of grace periods, limitations on cancellations and nonrenewal, prior approval deemers and limitations on "use and file" filings, claims payments, along with other miscellaneous provisions.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Florida, and asked for all such business areas to comply with the Bulletin's requests.

The Puerto Rico DOI issues guidelines regarding grace period for payment of premiums, temporary postponement of cancellation of policies due to non-payment, and extension of validity of insurance contracts and policies. The provisions contained in this ruling letter take effect September 20, 2022, and will last until the date the state of emergency ends or the DOI suspends this letter, whichever occurs first.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Puerto Rico, and asked for all such business areas to comply with the Bulletin's requests.

The Alaska Division of Insurance directs carriers to provide relief to affected policy holders by offering an extension to premium grace periods of at least two weeks in order to allow continuing insurance coverage. The extension of the grace period does not eliminate the obligation to pay the premium, but limits policy cancellation for late payment. Carriers are encouraged to work with policy holders in the collection of premiums. The Division reminds insurers that AS 21.36.125 requires insurers to acknowledge and act promptly on communications with consumers. AS 21.36.125 also requires a "reasonable investigation of all of the available information" prior to the refusal to pay a claim and that insurers must provide an explanation of the basis for denial of the claim or the offer of a settlement.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Alaska, and asked for all such business areas to comply with the Bulletin's requests.

Due to Governor's invocation of a state of emergency under the All Hazard Emergency Management Act as a result of the wildfires, New Mexico Superintendent of Insurance Russell Toal issued an emergency order directing automobile, homeowners, and property insurers to provide the following relief to impacted policyholders. Please refer to Bulletin 2022-0041 for specifics.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in New Mexico, and asked for all such business areas to comply with the Bulletin's requests.

The division directs carriers to provide relief to affected policyholders by offering an extension to premium grace periods of at least two weeks in order to allow continuing insurance coverage. In conjunction with this effort, the division will work with carriers to minimize the regulatory effects of such an extension, specifically financial review requirements. The extension of the grace period does not eliminate the obligation to pay the premium, but limits policy cancellation for late payment. Carriers are encouraged to work with policy holders in the collection of premiums. It is possible that electronic payment methods may not be operating correctly in the immediate aftereffects of the storms as banks and other financial institutions are closed, without power or internet service. It is the division's expectation that any problems with premium payment during the extended period would be resolved by the insurance company without a consumer complaint being filed.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Alaska, and asked for all such business areas to comply with the Bulletin's requests.

The Commissioner of Insurance for the state of TN is requesting:

• The cancelation or non-renewal of policies for the non-payment of premium be suspended for a period of at least sixty (60) days from the date of the loss of those policyholders who have suffered property damage, injuries, or loss of life as a result of the catastrophic events.
• Insurers should take reasonable steps to inform affected policyholders that this extension is available. The sixty (60) day extension of time is not a waiver of a policyholder's obligation to pay premium. Where a delay in premium payment appears to be the result of a disruption to the mail delivery system or of the policyholder's displacement due to the tornadoes, requesting that insurers work with the policyholder and take those circumstances into account before canceling a policy.

Additionally, they are requesting:

• Allow exceptions to proof of loss deadlines, notice requirements, and other contract or underwriting requirements
• Allow for policyholders to voluntarily enter payment plans
• Allow policyholders to temporarily postpone payment due dates in order to continue insurance coverage
• Suspend late payment, reinstatement, or insufficient funds fees along with any other fee, penalty, or interest charge resulting from the insured's temporary inability to submit premium payments
• Allow insureds to request a duplicate copy of their policy at no additional cost
• Refrain from canceling or nonrenewing policies solely because of claims resulting from the tornadoes

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Tennessee, and asked for all such business areas to comply with the Bulletin's requests.

Requesting that cancelations or non-renewals of policies for the non-payment of premium be suspended for a period of at least sixty (60) days from the date of the loss of those policyholders who have suffered property damage, injuries, or loss of life because of the catastrophic events. Insurers should take reasonable steps to inform affected policyholders that this extension is available. The sixty (60) day extension of time is not a waiver of a policyholder’s obligation to pay the premium. Where a delay in premium payment appears to be the result of a disruption to the mail delivery system or of the policyholder’s displacement due to the severe weather and flooding, I request that insurers work with the policyholder and take those circumstances into account before canceling a policy.

Further, they request that insurers make the following efforts to assist citizens affected by the severe weather and flooding:

• Allow exceptions to proof of loss deadlines, notice requirements, and other contract or underwriting requirements.
• Allow for policyholders to voluntarily enter payment plans.
• Allow policyholders to temporarily postpone payment due dates in order to continue insurance coverage.
• Suspend late payment, reinstatement, or insufficient funds fees along with any other fee, penalty, or interest charge resulting from the insured’s temporary inability to submit premium payments.
• Allow insureds to request a duplicate copy of their policy at no additional cost.
• Refrain from canceling or non-renewing policies solely because of claims resulting from the flooding.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Tennessee, and asked for all such business areas to comply with the Bulletin's requests.

Directs all authorized insurers and all surplus lines insurers that, to the extent any insurance contract may contain any language that implies the need for a civil authority to issue an evacuation order, they shall treat the multiplicity of actions taken by all public officials and the spirit and intent of all communications issued by all public officials as being tantamount to an order to evacuate that fulfills any such policy requirement. Further, the policyholder retains the obligation to demonstrate that the expenses incurred during the evacuation were reasonable. Directive 218 is limited to the twenty-five parishes listed in my previously issued Emergency Rule 47 and referenced in Bulletin 2021-07.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Louisiana, and asked for all such business areas to comply with the Bulletin's requests.

Louisiana Department of Insurance issued Emergency Rule 47 in response to Hurricane Ida. Among other provisions, this new rule requires authorized, unauthorized, and domestic surplus lines insurers to suspend the renewal, cancellation, nonrenewal, or non-reinstatement of insurance policies until after the expiration of the rule. Insurers subject to undue hardship, impairment, or insolvency may apply for an exemption from compliance with the rule. Emergency Rule 47 took effect on August 26 and is scheduled to expire on September 27, 2021, unless it is terminated sooner.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Louisiana and asked for all such business areas to comply with the Bulletin's requests.

The Rhode Island Department of Business Regulation has declared the storm beginning August 22, 2021 a catastrophic event for purposes of R.I. Gen. Laws § 27-10-8 and 27-10.1-1. As a result of that declaration, the emergency adjuster and motor vehicle damage appraiser licensing statutes are triggered. Insurers that wish to activate emergency adjusters or appraisers should follow the guidance in the most recent amendment to Insurance Bulletin 2005-14.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Rhode Island and asked for all such business areas to comply with the Bulletin's requests.

In response to named weather event Henri, the Connecticut Department of Insurance has issued Bulletin IC-31 to remind insurers, adjusters, and contractors about their duties under state claims and adjuster laws and regulations during a named weather event.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Connecticut and asked for all such business areas to comply with the Bulletin's requests.

In response to the winter storms, the Texas Department of Insurance issued Commissioner's Bulletin No. B-0006-21 to remind insurers, adjusters, and contractors about their duties under state claims and adjuster laws and regulations.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Texas and asked for all such business areas to comply with the Bulletin's requests.

The Texas Department of Insurance (TDI) issued Commissioner's Bulletin #B-0007-21 in response to the severe winter weather event. The TDI sets forth its expectations of insurers in relation to underwriting, rating, and nonrenewing policies, including the use of credit scores. The Bulletin also covers restricting new business, withdrawal, and prompt payment.

In response to this Texas Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Texas and asked for all such business areas to comply with the Bulletin's requests.

Louisiana DOI issued Bulletin No. 2021-02 to remind insurers to be flexible or engage in good faith and fair dealing with policyholders affected by catastrophes that may impact their ability to comply with the 180-day proof of loss and one-year completion of repairs time frames.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Louisiana and asked for all such business areas to comply with the Bulletin's requests.

Bulletin directs carriers to offer affected policy holders an extension to premium grace periods of at least two weeks to allow continuing insurance coverage; the DOI will work with carriers to minimize the regulatory effects of such an extension. Encourages carriers to work with policy holders in the collection of premiums. Problems with premium payment during the extended period would be resolved by the insurance company without a consumer complaint being filed.

In response to this Alaska Bulletin B20-22, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Alaska and asked for all such business areas to comply with the Bulletin's requests.

The governor of Louisiana renews the state of emergency and extends emergency provisions as a result of the damage caused by Hurricane Zeta, which made landfall on October 28, 2020. The DOI will continue to have limited transfer of authority concerning the cancellation, termination, nonrenewal, and reinstatement provisions of Title 22, including, but not limited to, R.S. 22:272, 22:887, 22:977, 22:978, 22:1068, 22:1074, 22:1266, 22:1267, 22:1311, and 22:1335, including providing additional time for policyholders to complete existing claims and to remit premium payments to avoid cancellation of policies, prohibiting cancellations where policyholders are incapable of fulfilling requirements due to evacuation or inhabitability, providing for continuation of coverage and suspending rate increases, providing for the payment of claims incurred during any prohibition on cancellations imposed under this authority, and providing for provider access and prescription drug benefit requirements necessary to protect public health and welfare.

In response to this bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Louisiana and asked for all such business areas to comply with the Bulletin's requests.

The Florida Commissioner of Insurance issued an Emergency Order that states no property and casualty insurer, premium finance company, or surplus lines insurers may cancel or non-renew a personal, residential or commercial residential property insurance policy covering a dwelling or residential property damaged as a result of Hurricane Sally. Any notice of cancellation or nonrenewal sent or becoming effective on or after the date of loss for a dwelling or residential property damaged as a result of Hurricane Sally shall not be effective until 90 days after the dwelling or residential property has been repaired.

Counties included in Emergency Order are listed in the Bulletin.

In response to this bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Florida and asked for all such business areas to comply with the Bulletin's requests.

Extend all deadlines for policyholders to report claims or submit other communications related to claims. Deadlines that must be waived include, but are not limited to, deadlines to submit initial claims or to respond to communications related to claims payment and processing, grievances and appeals, or utilization review requirements.

Insurers must immediately institute a grace period for premium payment for all insurance policies issued, delivered, or covering a risk in the affected areas subject to this order, ending no earlier than the date this order is no longer in effect.

Insurers must immediately take the following actions regarding cancellations and nonrenewals for all active insurance policies issued, delivered, or covering a risk in the Affected Areas subject to this order:

For insurance policies not yet cancelled or nonrenewed as of the date of this order, but for which a notice of cancellation or nonrenewal has been delivered, insurers must withdraw the issued notice and provide insureds with a notice that cancellation and nonrenewal is suspended until this order is no longer in effect.

For property and casualty policies in which the insurer is permitted to cancel a policy for underwriting reasons within the first 60 days the coverage is in effect, the 60-day period will be suspended for the duration of this order.

An insurer may not cancel or nonrenew a policy solely because of a claim directly resulting from the circumstances of the wildfire disaster, except in cases of fraud or intentional misrepresentation of a material fact as prohibited by the terms of the policy.

In response to this bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Oregon and asked for all such business areas to comply with the Bulletin's requests.

The Director of the Oregon Dept. of Consumer and Business Services issued a Wildfire Emergency Order directing admitted insurers to extend deadlines to report claims and prohibiting cancellations and nonrenewals. The Director also issued Bulletin 2020-16 to provide a list of specified counties and zip codes of affected areas that are subjected to the Order. The Order is effective immediately and will remain in effect through Oct. 17, 2020. However, the Director may extend the duration of this order.

In response to these bulletins, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Oregon and asked for all such business areas to comply with the Bulletin's requests.

The emergency rule applies to all kinds of insurance and all types of insurers. Policyholders living in the 16 parishes indicated will receive an extension of time to pay insurance premiums due on or after Aug. 27, 2020, without any late fees, penalties, cancellation or non-renewal.

In response to this bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Louisiana and asked for all such business areas to comply with the Bulletin's requests.

The Emergency Rule provides policyholders in affected areas additional time to submit documents to insurers for claims that were filed before the state of emergency but might be difficult for policyholders to send until they can return to their homes and businesses. The action taken covers 16 Louisiana parishes affected by the storm: Acadia, Allen, Beauregard, Calcasieu, Cameron, Grant, Jackson, Jefferson Davis, Lincoln, Natchitoches, Ouachita, Rapides, Sabine, Vermilion, Vernon and Winn. Policyholders outside of the named parishes may still contact their insurance company and request relief and insurers have been directed to assist these policyholders as appropriate.

Due to the recent wildfires throughout the state, and in recognition of Governor’s state of emergency on August 18, 2020, related to the July-August 2020 wildfires, all property, and casualty insurance companies are directed to implement emergency expedited claims handling procedures and billing grace periods to assist residents and businesses to recover more quickly. All insurers should grant billing leniency for at least 60 days for policyholders in designated wildfire disaster areas not only for homeowners’ insurance but also for auto insurance, health insurance, or life insurance.

In response to this bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in California and asked for all such business areas to comply with the Bulletin's requests.

Tennessee Dept of Insurance requests that insurers:

• suspend cancellations or non renewals of policies for nonpayment of premium for at least 60 days from the date those policyholders suffered property damage, injuries, or loss of life;
• notify affected policyholders about the 60-day extension;
• allow exceptions to proof of loss deadlines, notice requirements, and other contract or underwriting requirements;
• allow policyholders to voluntarily enter payment plans;
• allow policyholders to temporarily postpone payment due dates in order to continue insurance coverage;
• suspend late payment, reinstatement, or insufficient funds fees along with any other fee, penalty, or interest charge resulting from the insured's temporary inability to submit premium payments;
• allow insureds to request a duplicate copy of their policy at no additional cost; and
• refrain from cancelling or nonrenewing policies solely because of claims resulting from the tornadoes.

The DCI issued its directive under the authority of Governor Bill Lee's Executive Order No. 13 (March 4, 2020), which suspends application of Insurance Title 56 of the Tennessee Code Annotated until 12:01 a.m. on May 2, 2020. The directive is also attached.

Request for Policyholder and Claims Data

To determine the number of consumers affected by the storms, the DCI also wants insurers to email the following policyholder and claims data to David Combs, Director of External Affairs, at david.combs@tn.gov:

• Insurers should email the number of policyholders in the counties of Benton, Humphreys, Dickson, Cheatham, Davidson, Wilson, Smith, and Putnam by March 6, 2020; and
• Insurers should email the number of auto, homeowner, and commercial claims filed on March 6, March 13, March 27, April 10, April 17, and April 24, 2020.

In response to this bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Tennessee and asked for all such business areas to comply with the Bulletin's requests.

Puerto Rico Ruling Letter No. CN-2020-253-D addressed to all insurers and dated January 8, 2020 relates to a grace period for payment of premiums and temporary postponement of cancellation of policies due to lack of payment.

While the state of emergency declared, due to earthquakes, on January 7, 2020 is in effect, no property or casualty insurer may cancel any policy or insurance contract in the property or casualty line placed in Puerto Rico due to the lack of payment of premiums, within 30 days of the due date of the payment. In business lines for which the policy has a grace period of 30 days for payment such as life, health, and/or disability, the insurer may extend such grace period for an additional term of 30 days. Insurers may not deny the renewal of a policy or insurance contract for lack of payment of a premium, when the insured has requested such renewal, for the duration of the state of emergency. During the state of emergency all notifications of cancellation of policies for lack of payment that are issued or sent to the insured by the insurer or the entity that financed the policy premium must be withdrawn. If payment for the premium is not received within the extended payment term, the policy may be cancelled.

The insurers that are authorized in Puerto Rico must not apply penalties nor deny coverage for the duration of the state of emergency, to their insureds or beneficiaries of policies due to the lack of payment of premiums.

It is clarified that this ruling does not imply an exemption from payment of the premium. Once the grace period has elapsed, the insured must pay the premium that is due. Insurers are not exempted from compliance with the remaining provisions of the Insurance Code, Act No. 77-1957, in all respects that do not contravene this Ruling Letter.

In response to this Bulletin, CUNA Mutual Group advised all appropriate business areas of the Bulletin, the actions requested of insurance companies doing business in Puerto Rico and asked for all such business areas to comply with the Bulletin's requests.