Disaster recovery

The California Department of Insurance (DOI) informs insurance companies and adjusters involved in handling claims from the recent wildfires in Southern California about the necessity of rapid claim payments to support wildfire survivors, reinforcing existing consumer protections and legal entitlements for policyholders who have suffered total losses.

The DOI requires insurance companies to expedite the processing of advance payments in line with California law, including a minimum of four months of living expenses as an advance payment under Additional Living Expense (ALE) or Fair Rental Value (FRV) for the Fair Access to Insurance Requirements (FAIR) Plan’s policies.

Additionally, the DOI stipulates that a payment for contents without inventory should be no less than 30 percent of the policy limit applicable to the covered dwelling structure, up to $250,000, without the need for an itemized claim.

In response to this Bulletin, TruStage 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.

Outlines requirements for property or homeowners and automobile policy insurers in the next 120 days with respect to policy holders whose residence is in the flood impacted areas. It requires a 120-day grace period for premium payments and a six-month payment plan if unable to pay the delinquency after the grace period. Insurers must waive deductibles, postpone cancellations and non-renewals, extend reporting requirements for claims submissions, provide duplicate policy copies at no cost, and suspend late payment, reinstatement, or insufficient funds fees, and other fee, penalty, or interest charge for the insured’s temporary inability to submit premium payments.

Insurers are directed to assist policyholders by informing them of these provisions and documenting their outreach efforts to those who suffered property damage, injuries, and other losses as a result of the catastrophic flooding.

In response to this Bulletin, TruStage 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.

This emergency order establishes grace periods for any policy, provision, notice, correspondence, or law that imposes a time limit upon an insured impacted by Hurricane Milton until December 10, 2024. The emergency order also prohibits the cancellation or nonrenewal of a policy in an impacted area, except at the written request of the policyholder, until December 10, 2024.

In response to this Bulletin, TruStage 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 South Carolina Department of Insurance has issued Bulletin 2024-12, which informs insurers that they are expected to make accommodations for policyholders directly impacted by Tropical Storm Helene included, but not limited to, extending certain deadlines and waiving late fees.

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

The Georgia Office of Commissioner of Insurance and Safety Fire has issued Directive 24-EX-6, which prohibits insurers from cancelling policies for non-payment for policyholders in certain counties affected by Tropical Storm Helene.

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

The Bulletin provides the specifics pertaining to extensions, deferrals, and other extra requirements applicable to the entities as referenced therein. Such entities are required to provide their customers adversely affected in the disaster area specific relief of the insureds’ payment, submission of claims and other responsibilities. You are encouraged to review the statutory requirements for proper implementation.

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

The Florida Office of Insurance Regulation (OIR) has issued emergency Order (EO) 400385-24 to protect policyholders impacted by Hurricane Helene. The Order, among other things, extends grace periods, temporarily postpones cancellations or non-renewals of policies, and directs insurers to implement processes and procedures to facilitate the efficient payment of claims. This EO is effective immediately upon issuance and continues for 120 days unless terminated sooner by the Commissioner.

In response to this Bulletin, TruStage 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.

This emergency rule suspends certain statutes regarding cancellations, terminations, non-renewals and non-reinstatements, premium payments, claim filings and related provisions regarding any and all insurance matters affecting insureds in Louisiana caused by Hurricane Francine.

In response to this Bulletin, TruStage 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 declaration mandates insurers of property located in the impacted county to settle property damage claims arising from the wildfires within 90 days from the date of the order. Pursuant to Section 59A-16-20(F) NMSA 1978, it is an unfair claims practice for an insurer to fail to settle all catastrophic claims within a 90-day period after the assignment of a catastrophic claim number when a catastrophic loss has been declared.

In response to this Bulletin, TruStage 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.

This Bulletin directs insurers to provide policyholders impacted by the heavy rain and landslides in Ketchikan, Alaska with a grace period of at least two weeks for premium payments.

In response to this Bulletin, TruStage 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 order requires insurers to provide relief to policyholders impacted by the recent wildfires until October 16, 2024.

In response to this Bulletin, TruStage 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 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.