Florida Law Requiring Property Claims-Handling Attestation Takes Effect Tuesday, August 1, 2023

July 28, 2023

The Florida Office of Insurance Regulation has issued an important memorandum to the insurance industry about the new Florida law that requires each authorized residential property insurer to submit, annually, an attestation about their property claims handling manuals.  The new law took effect on July 1, 2023.  See Section 627.4108, Fla. Stat. (2023).

The law requires each authorized residential property insurer to submit the first attestation no later than Tuesday, August 1, 2023.  Thereafter, the annual deadline to submit the attestation is May 1.  The form for submitting the attestation has been promulgated in emergency rule 69O-ER-23-2.  It is accessible through the Office of Insurance Regulation’s website.

The attestation says, among other things, that the insurer’s property claims-handling manual meets the minimum requirements of Florida’s insurance code and customary industry claims-handling practices.  The attestation must be submitted directly to the Florida Office of Insurance Regulation by email to Claims-HandlingManuals@floir.com. 

Florida-authorized residential property insurers are encouraged to reach out to the property coverage team at Butler Weihmuller Katz Craig LLP or directly to Shaheen Nouri for further clarification.