Alert Edition May 2020

Welcome to the May 2020 edition of the FORC Alert. If you have any colleagues that may be interested in this publication, please forward it on. There is a link on the Alerts main page where they can subscribe to receive FORC Alerts automatically.

Regards,
Ryan Smart, Esq., FORC Alert Editor
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COVID-19 UPDATES
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Category(s): Alabama - 05/20/2020

ALDOI COVID-19 Information and Resources

As a result of the COVID-19 pandemic and emergency orders issued by Governor Kay Ivey and the Alabama Department of Public Health, during the months of March and April the Alabama Department of Insurance has issued a range of bulletins, news releases, and other general information and resources. Click here for bulletins, resources, and more 

Stephen W. Still, Esq. - BALCH & BINGHAM LLP, (205) 488-5512 , sstill@balch.com

Category(s): Arizona - 05/14/2020

ADOI COVID-19 Information and Resources

Click here for Arizona Department of Insurance Bulletins 

Tasha N. Cycholl, Esq. - KUTAK ROCK LLP, (480) 429-5000 , Tasha.Cycholl@kutakrock.com

Category(s): Arizona - 05/20/2020

Kutak Rock LLP COVID-19 Special Publication

Click here to read Kutak Rock LLP COVID-19 Special Publication: 3/28/2020 Coverage Issues in Business Insurance Policies Implicated by COVID-19 (PDF file) 

Tasha N. Cycholl, Esq. - KUTAK ROCK LLP, (480) 429-5000 , Tasha.Cycholl@kutakrock.com
J. Michael Low, Esq. - KUTAK ROCK LLP, (480) 429-4874 , Michael.Low@kutakrock.com
S. David Childers, Esq. - KUTAK ROCK LLP, (480) 429-4880 , David.Childers@KutakRock.com

Category(s): California - 05/15/2020

Los Angeles Times - Essential California

5/5/2020 Newsletter: Inching toward reopening 

Frederick J. Pomerantz, Esq. - INSURANCE LEGAL & REGULATORY CONSULTING, PLLC, (516) 297-3101 , PomerantzF35@gmail.com

Category(s): Colorado - 05/19/2020

Colorado Division of Insurance COVID-19 Information and Resources

Click here for Colorado Division of Insurance Bulletins and Emergency Regulations along with a press release from Governor Polis. 

Daniel Furman, Esq. - HALL & EVANS, LLC, (303) 628-3483 , furmand@hallevans.com

Category(s): Connecticut - 05/19/2020

State of Connecticut COVID-19 Executive Orders

EXECUTIVE ORDER REQUIRING A 60-DAY GRACE PERIOD ON INSURANCE PREMIUM PAYMENTS & CANCELLATION: On April 1, 2020, Connecticut Governor Net Lamont issued Executive Order 7S, which provides that beginning April 1, 2020 and ending June 1, 2020, no insurer may (without a court order) lapse, terminate or cause to be forfeited a covered insurance policy because a covered policyholder does not pay a premium or interest or indebtedness on a premium under the policy that is due. The order provides for certain exceptions to this rule, including for example, insureds that were not in good standing prior to March 12, 2020 and for self-funded health plans. Click here to read Executive Order 7S (PDF file) 

Alan J. Levin, Esq. - LOCKE LORD LLP, (860) 541-7747 , alan.levin@lockelord.com

Category(s): District of Columbia - 05/14/2020

Washington D.C. COVID-19 Information and Resources

The Department of Insurance, Securities, and Banking (DISB) has been monitoring coronavirus (COVID-19) as positive cases continue to be confirmed in the District, Maryland, and Virginia. Mayor Muriel Bowser has declared both a state of emergency and a public health emergency  and on March 30, she issued a stay-at-home order  for District residents.

In response, the Department has developed guidance for health insurance companies so that policyholders have access to the care and support they need. The Department’s Frequently Asked Questions  includes information and updates.

The Department has been working closely with the Executive Office of the Mayor, the Health Benefit Exchange Authority, and other District agencies to make sure that District policyholders do not experience barriers to testing and treatment. Each of the District’s health insurance companies will offer flexible options for consumers and, in some cases, waive cost-sharing for COVID-19 testing. Insurer will also allow access to early refills for prescription drugs and, to the extent possible, extend grace periods for premium payments. The Department has issued Bulletin 20-IB-3/13--Response to Coronavirus Disease 2019 (COVID-19) in the Washington DC Metropolitan Region  to offer additional guidance for the insurance industry.

More information on the District’s response to COVID-19 can be found at coronavirus.dc.gov. 

A. Kenneth Levine, Esq. - COZEN O'CONNOR, (561) 515-5256 , klevine@cozen.com

Category(s): Florida - 05/19/2020

Citizens Discusses Claims and Litigation Trends

On March 12, 2020, the Claims Committee of the Citizens Property Insurance Corporation (Citizens) reviewed trends from Hurricanes Irma and Michael that occurred in 2019, as well as litigation trends from the year. There were 220,917 new first notice of loss claims from non-weather water and wind, many of which are a result of Hurricanes Michael and Irma. The average of new claims was 441 per month, an increase from 2018. These trends, in addition to the increased litigation trends, are expected to continue into 2020. The full GT Alert can be found here. 

Fred E. Karlinsky, Esq. - GREENBERG TRAURIG LLP, (954) 768-8278 , karlinskyf@gtlaw.com

Category(s): Florida - 05/21/2020

Continued Guidance for Response to COVID-19

3/25/2020 Informational Memorandum OIR-20-04M (PDF file) 

A. Kenneth Levine, Esq. - COZEN O'CONNOR, (561) 515-5256 , klevine@cozen.com

Category(s): Florida - 05/19/2020

Florida Governor Extends Hurricane Dorian State of Emergency

Florida Governor Ron DeSantis has issued Executive Order #2020-106  extending the State of Emergency for all 67 counties which was previously declared for Hurricane Dorian. The state is still assisting the recovery efforts for the damage caused; therefore, the emergency declaration has been extended for another 60 days, until June 16, 2020. The full GT Alert can be found here. 

Richard J. Fidei, Esq. - GREENBERG TRAURIG LLP, (954) 768-8286 , fideir@gtlaw.com

Category(s): Florida - 05/14/2020

Florida OIR Issues Data Call Regarding AOB

The Florida Office of Insurance Regulation (OIR) has issued a data call to collect information related to Assignment of Benefits (AOB), pursuant to sections 624.316 and 624.307, Florida Statutes.  The due date for this information is March 31, 2020. For further details about the data requested, please read the full GT Alert here. 

Fred E. Karlinsky, Esq. - GREENBERG TRAURIG LLP, (954) 768-8278 , karlinskyf@gtlaw.com

Category(s): Florida - 05/14/2020

Florida Reevaluates Hurricane Response Plans Due to COVID-19

Florida’s Division of Emergency Management is rethinking many aspects of the state’s hurricane response plan in light of COVID-19.  With the 2020 Atlantic Hurricane Season only about a month away, the state might not be able to rely on strategies from past storms.  New issues include a potential inability to house large numbers of people in common shelters, concerns with transportation and logistics during evacuations and recovery periods, an increased need for protective equipment during the recovery period, and a potential reduction in the number of willing and available volunteers.

Travis L. Miller, Esq. - RADEY LAW FIRM, (850) 425-6654 , tmiller@radeylaw.com

Category(s): Florida - 05/14/2020

Office of Insurance Regulation on AOB Reporting Format

The Florida Office of Insurance Regulation is beginning to work toward adopting a rule establishing a format for future Assignment of Benefits (AOB) data calls.  The OIR has conducted two prior AOB data calls and is the process of conducting a third.  The Florida legislature enacted reforms in 2019 designed to curtail abuses with assignments.  The anticipated new AOB reporting format will allow the Office of Insurance Regulation to monitor and report on claims trends following the reforms to assess their effectiveness.

Travis L. Miller, Esq. - RADEY LAW FIRM, (850) 425-6654 , tmiller@radeylaw.com

Category(s): Florida - 05/19/2020

OIR Gives Guidance for Business Continuity and Continuity of Operations Plans

In response to Governor Ron DeSantis establishing COVID-19 response protocols and directing a public health emergency in Florida, the Office of Insurance Regulations (OIR) released the following: all companies regulated by the OIR are directed to review and update their Business Continuity Plans and/or Continuity of Operations Plans Immediately and should alert the OIR if they enact either one or both of those plans. More information on what these plans need to include can be found here. 

Richard J. Fidei, Esq. - GREENBERG TRAURIG LLP, (954) 768-8286 , fideir@gtlaw.com

Category(s): Florida - 05/14/2020

OIR Informational Memorandum to All Insurers Provides Continued Guidance for COVID-19 Response

On March 25, 2020, the Florida Office of Insurance Regulation (OIR) issued Informational Memorandum OIR 20-04M  to all insurers in response to Executive Order 20-51 issued by Governor Ron DeSantis establishing COVID-19 response protocols and directing a public health emergency in Florida. The memorandum provides guidance on leniency on premium payments, removing exclusions on certain personal auto exclusions, underwriting and claims inspections, and other general considerations.

Fred E. Karlinsky, Esq. - GREENBERG TRAURIG LLP, (954) 768-8278 , karlinskyf@gtlaw.com

Category(s): Florida - 05/14/2020

OIR Issues Memorandum Guidance to Health Insurers

In the wake of the coronavirus outbreak, the Florida Office of Insurance Regulation (OIR) has issued two memorandums intended to provide guidance to health insurers, health maintenance organizations, and other health entities authorized to conduct business in the state. The Informational Memorandums were issued on March 6, 2020 and March 10, 2020, respectively, and can be viewed in full here:
- OIR-20-01M - Insurance Coverage for Coronavirus (COVID-19)
- OIR-20-02M - Early Prescription Refills Pursuant to Executive Order 20-52

Richard J. Fidei, Esq. - GREENBERG TRAURIG LLP, (954) 768-8286 , fideir@gtlaw.com

Category(s): Florida - 05/14/2020

OIR Issues Telehealth and Pharmacy Audit Guidance for Response to COVID-19

The Florida Office of Insurance Regulation (OIR) issued Information Memorandum OIR 20-06M  to encourage insurers, health maintenance organizations, and other health entities to broaden access to telehealth services and requests insurers and Pharmacy Benefit Mangers to transition to an electronic audit process in order to avoid unnecessary risk and maintain social distancing.

Fred E. Karlinsky, Esq. - GREENBERG TRAURIG LLP, (954) 768-8278 , karlinskyf@gtlaw.com

Category(s): Florida - 05/21/2020

Workers' Compensation Insurance Guidance Related to COVID-19 Distributed by OIR

On April 6, 2020, the Florida Office of Insurance Regulation (OIR) distributed Informational Memorandum OIR 20-05M  to all regulated insurers and entities authorized to write workers’ compensation insurance. The memorandum reminds insurers to apply workers’ compensation coverage on a non-discriminatory basis and establishes the OIR’s expectation of insurers’ compliance with all provisions of Florida’s Workers’ Compensation Law.

Richard J. Fidei, Esq. - GREENBERG TRAURIG LLP, (954) 768-8286 , fideir@gtlaw.com

Category(s): Georgia - 05/14/2020

State of Georgia COVID-19 Bulletins, Directives, and News Releases

Click here for Georgia Department of Insurance Bulletins and Directives 

Julie M. Pomerantz, Esq. - MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C, (512) 480-5100 , jpomerantz@mwlaw.com

Category(s): Georgia - 05/19/2020

Summary of Georgia COVID-19 Bulletins and Directives

Click here for Summary of Georgia Department of Insurance Bulletins and Directives 

Tony Roehl, Esq. - MORRIS, MANNING & MARTIN, LLP, (404) 495-8477 , troehl@mmmlaw.com

Recent Editions

Alerts for September 2020

Posted on 9/14/2020

Alerts for July 2020

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Alerts for May 2020

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Alerts for March 2020

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Alerts for January 2020

Posted on 1/13/2020