Westmont Wire Category

In the aftermath of Hurricane Dorian, the South Carolina Department of Insurance issued Bulletin 2019-08 on September 6, 2019, requiring additional assistance from all licensed entities or individuals. The Bulletin requires insurers, HMOs, and other licensed or authorized entities and individuals to assist and work with South Carolina citizens and business impacted by the hurricane by providing additional relief from certain standard requirements.

The Department provides a non-exhaustive list of examples of relief which it expects insurers to extend to citizens and businesses, including: extending premium payment and proof of loss deadlines, allowing additional time before non-renewals or cancellations, waiving limitations relating to the use of out-of-network providers and one early refill or replacement refill for prescription drugs as well as a waiver of fees and penalties relating to any insured’s temporary inability to submit premium payments or otherwise respond as the result of the declared disaster. While the Department maintains that all licensees must comply with South Carolina law, any exceptions or relief focused on providing additional consumer protections and applied consistently to all insureds directly impacted by the hurricane will not be considered unfairly discriminatory.

For more information about South Carolina’s Bulletin 2019-08, or any other regulatory compliance matters, please contact Westmont Associates, Inc.

In addition to its previously reported surplus lines updates, Florida’s House Bill 301 added a new statute to the Florida Code, Fla. Stat. § 624.1055, which requires any court hearing a liability case to allocate defense costs among all liability insurers who owe a duty to defend the insured against the claim or suit in accordance with the terms of the liability insurance policies. The court is free to use any such equitable factors it determines are appropriate in making an allocation. Any liability insurer entitled to contribution may file an action for contribution in any court of competent jurisdiction.

 

The statute is meant to prevent insurers from avoiding their duty to share in the defense of an insured. It applies to all liability policies issued in Florida or liability policies issued in other states under which the insurer has a duty to defend an insured in suits or actions filed in Florida. It also applies to any liability policy issued under the Florida Surplus Lines Law.

 

For any questions regarding Fla. Stat. § 624.1055, or for inquiries regarding the apportionment of costs, please contact Westmont Associates, Inc.