FL OIR Informational Memorandum OIR-12-05M
to administrative action.
INFORMATIONAL MEMORANDUM
OIR-12-05M
ISSUED
August 30, 2012
Florida Office of Insurance Regulation
Kevin M. McCarty, Commissioner
To Residential Property Insurers in the State of Florida
Deductible Applicable to Tropical Storm/Hurricane Isaac Claims
The purpose of this informational memorandum is to advise property
insurers that Tropical Storm/Hurricane Isaac was declared a hurricane by
the National Hurricane Center of the National Weather Service on
Tuesday, August 28, 2012, at 11:20 A.M. CDT.
Before Tuesday, August 28, 2012, at 11:20 A.M. CDT, Tropical
Storm/Hurricane Isaac was classified as a Tropical Storm. Section
627.4025(2)(a), Florida Statutes, specifically defines “hurricane
coverage” as coverage for loss or damage caused by the peril of
windstorm during a hurricane and furthermore (2)(b) provides
“Windstorm” for purposes of paragraph (a) means wind, wind gusts, hail,
rain, tornadoes, or cyclones caused by or resulting from a hurricane which
results in direct physical loss or damage to property.
Insurers are hereby notified that the hurricane deductible shall not apply
to property losses associated with a Tropical Storm/Hurricane Isaac
damage claim that occurred prior to Tuesday, August 28, 2012, at 11:20
A.M. CDT.
For these property losses, all insurers must apply the deductible that is
unrelated to hurricane, generally referred to as the “all other perils
deductible” or “other than hurricane deductible.” An insurer that fails to
apply the appropriate deductible is subject to administrative action.
To view information regarding deductibles, the National Flood Insurance
Program, and other important insurance related matters, please visit
http://www.floir.com/.
If you have any questions regarding this memorandum, please contact
David Altmaier, Financial Administrator, Property and Casualty Financial
Oversight, Florida Office of Insurance Regulation at
david.altmaier@floir.com or 850-413-3849.