Category(s): Delaware - 11/11/2024

Incumbent Democrat Trinidad Navarro was challenged by Republican Ralph Taylor who previously served as a Dover city councilman. Commissioner Navarro defended his seat with 58% of the vote. Commissioner Navarro was first elected as Delaware’s insurance commissioner in 2016 and reelected in 2020. Click here  to read more.

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

Category(s): Florida - 11/11/2024

Florida’s Citizens Property Insurance Corporation has been steadily decreasing its policy count due to the success of its Depopulation Program, which allows private insurers to assume policies rom Citizens with approval from the Florida Office of Insurance Regulation. As of October 24, 2024, Citizens had 1,035,534 policies. In 2024 alone, over 1.3 million policies were approved to shift from Citizens to private insurers. Click here  to read more.

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

Category(s): Florida - 11/11/2024

On September 30, 2024, the Florida Office of Insurance Regulation issued Emergency Order 400385-24 to assist Florida policyholders in the wake of Hurricane Helene.  Among other things, the Emergency Order implemented grace periods for insured’s to make premium payments and comply with other policy provisions and also a moratorium which restricted an insurer’s ability to non-renew or cancel policies until November 26, 2024.  The Emergency Order was subsequently amended on October 16, 2024, in pertinent part to extend the grace period/moratorium until December 10, 2024.  The Emergency Order was issued after Governor Ron DeSantis issued Executive Order 24-20, which, in pertinent part, declared a state of emergency in several counties throughout the state and activated certain provisions of the Florida Insurance Code which authorize the Insurance Commissioner to implement certain emergency policyholder protections. Click here  to read more.

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

Category(s): Florida - 11/11/2024

The updates reflect the 2025-2026 contract year. The proposed rule makes the following substantive changes to the Reimbursement Contract for Article V. Subsection (7), pertaining to the definition of “Borrowing Capacity” to determine what funds make up the FHCF Borrowing Capacity. Furthermore, Article X. Subsection (3)(d) was updated to provide language that establishes how the FHCF calculates reserves for all Contract Years and not just previous Contract Years. Click here  to read more.

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

Category(s): Florida - 11/11/2024

Governor DeSantis issued Executive Order 24-212, Executive Order 24-213, and Executive Order 24-234. Executive Order 24-212 relates to actions to ensure election activities are not disrupted by Hurricane Helene. Order 24-213 issues directives to the Florida National Guard, Florida State Guard, Department of Transportation, and the Florida Department of Highway Safety and Motor Vehicles to take certain actions to mitigate potential disruptions caused by the ongoing port strikes and those recovering from Hurricane Helene. Executive Order 24-234 amended Executive Order 24-212 to reflect early voting deadlines along with designation and notice of location and hours. Click here  to read more.

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

Category(s): Florida - 11/11/2024

A new law passed by the Florida Legislature on May 21, 2024 imposes new disclosure requirements on sellers in connection with the sale of real state in Florida.  CS/CS/HB 1049 requires that sellers must disclose flood risks to prospective purchasers of residential real estate.  Specifically, a seller must provide a flood disclosure to a purchaser of residential real property at or before the time the sales contract is executed. The flood disclosure must include key information regarding the property’s flood risk, including whether the property has been the subject of any insurance claims stemming from flood damage, and whether federal assistance was provided due to flooding.  Governor DeSantis approved the new law on May 29, 2024 and it became effective October 1, 2024. Click here  to read more.

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

Category(s): Florida - 11/11/2024

This notice is a reminder that all health insurers, managed care organizations, pharmacy benefit managers and other health entities must comply with provisions of section 252.358, Florida Statutes, which allows for early prescription refills in the event the Governor issues an Executive Order declaring a State of Emergency. This mandate remains in effect until the Governor’s Executive Order is rescinded or expires. 
Click here  to read the full notice from the Florida Office of Insurance Regulation.

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

Category(s): Georgia - 11/11/2024

Georgia Access, a State-based Exchange, went live as the official health insurance marketplace in the state on November 1, 2024, as Open Enrollment 2025 commences. It provides eligible Georgians with multiple options to enroll in affordable healthcare insurance coverage through web brokers, agents and directly with Georgia- licensed health insurers.
Consumers may begin shopping for health coverage on November 1, but coverage will begin on January 1, 2025, for consumers who select a plan by December 16, 2024. 
Click here  for more information on enrollment in this new marketplace.

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

Category(s): Georgia - 11/11/2024

In a September 4, 2024, opinion of the Georgia Supreme Court, North American Senior Benefits v. Wimmer (Ga. Sup. Ct. Case No. S23G1146),  the court held that a non-recruitment of employees agreement does not have to specify an express geographical territorial limitation to be enforceable. North American Senior Benefits, an insurance marketing organization, and husband and wife Ryan Wimmer and Alisha Wimmer, who were insurance agent employees of North America, had entered into employment agreements prohibiting the Wimmers from recruiting North America’s employees during the two-year period following termination of the Wimmers’ employment agreements. The Wimmers established a competing business after termination of their employment agreements and allegedly violated the non-recruitment covenants, which did not contain an express territorial limitation. Both the trial court and Georgia Court of Appeals held that these non-recruitment covenants were unenforceable for lack of an express geographic term under the Georgia Restrictive Covenants Act, specifically, O.G.G.A. § 13-8-53(a),  which requires a reasonable geographic area. The Georgia Supreme Court reversed the lower courts, finding that an implied (and reasonable) geographic area could exist by reference to North American and its other employees regardless of the other employees’ locations of work, and remanded the case for determination of whether the requisite reasonableness exists in this case.

Brian T. Casey, Esq. - LOCKE LORD LLP, (404) 870-4638 , bcasey@lockelord.com

Category(s): Montana - 11/14/2024

Republican James Brown defeats Democrat John Repke to assume the seat currently held by Republican Troy Downing. Brown is the outgoing president of the Montana Public Service Commission and will now become the next Auditor of Montana, one of five statewide, constitutionally mandated positions. Click here  to read more.

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