Proposed Repeal of Florida Office of Insurance Regulation Civil Remedy Rules Would Formalize Florida Department of Financial Services’ Regulatory Oversight
Apr 8, 2014
The Florida Office of Insurance Regulation (“OIR”) has proposed a repeal of Chapter 69O-123, F.A.C, which relates to civil remedies brought against an insurer pursuant to s. 624.155, F.S.
The Florida Cabinet will review the request for publication of proposed Rule repeal at its April 22 meeting. To view the related information on the OIR’s Web site, click here (Page 2).
When the OIR was formed in 2003, it adopted the then-named Department of Insurance Rules as its own, including Chapter 69O-123. Notwithstanding, s. 624.155, F.S. provides the Florida Department of Financial Services (“DFS”) enforcement and regulatory authority over Chapter 69O-123. Accordingly, the DFS adopted Rule 69J-123.002, F.A.C. to implement s. 624.155, F.S.
Should it be adopted, the OIR’s proposed repeal of Chapter 69O-123 would not have any significant impact on civil actions brought against an insurer, because the requirements in Chapter 69O-123 are very similar to those in Rule 69J-123.002.
Chapter 69O-123 provides that, as a condition precedent to bringing a civil action again an insurer, a person must give DFS and the insurer 60 days written notice of the violation by filing Form OIR-363 with the DFS.
On the other hand, Rule 69J-123.002 states:
(1) The civil remedy notice required by Section 624.155, F.S., shall be electronically submitted on Form DFS-10-363, “Civil Remedy Notice of Insurer Violation,” (Effective 10-14-08), which is hereby adopted and incorporated by reference. The form shall be submitted to the Department of Financial Services, Bureau of Consumer Assistance, through the website at https://apps.fldfs.com/civilremedy. No fee is required.
(2) Authorized insurer reports to the Department as required by Section 624.155(3)(e), F.S., regarding the disposition of the alleged violation shall be electronically added to the existing Form DFS-10-363 specific to the notice being addressed.
(3) Any written communications between the parties to the civil remedy notice, which are intended for inclusion in the Department’s electronic record, shall be electronically added to the existing Form DFS-10-363 specific to the notice being addressed.
Copies of the aforementioned statutes and Rules are attached for reference.
Should you have any questions or comments, please contact Colodny Fass& Webb.
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