Disaster recovery

The Indiana Department of Insurance has issued Bulletin 274, which calls on insurers to implement a 60-day moratorium on the cancellation of policies for those impacted by recent disastrous weather events. The bulletin was issued and effective March 25, 2024.

In response to this Bulletin, TruStage 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.

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.