Alert Edition November 2025

Welcome to the November 2025 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,
C. Ignacio Matos, Esq., FORC Alert Co-Editor
Ryan Smart, Esq., FORC Alert Co-Editor
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Category(s): - 11/26/2025

Federal Report Warns of Rising 'Tort Tax'
Insurance Business Magazine reports: “The US Department of the Treasury’s Federal Insurance Office (FIO) released its Annual Report on the Insurance Industry, revealing growing financial pressures on the property-casualty insurance sector, with third-party litigation funding emerging as a major concern affecting market stability and consumer costs”. Click <a href="https://f.datasrvr.com/fr1/225/94231/Federal_report_warns_of_rising.pdf" target="_child">here </a> to read more. 

Category(s): - 11/26/2025

FIO: Insurer Litigation Expenses Dipped Slightly Between 2023 and 2024
As reported in Insurance Journal: “Insurer litigation expenses declined slightly between 2023 and 2024 and potentially benefitted from state legal reforms to address increasing litigation costs, the U.S. Department of the Treasury’s Federal Insurance Office (FIO) said in a new report.” Click <a href="https://www.insurancejournal.com/news/national/2025/10/30/845687.htm" target="_child">here </a> to read more. 

Category(s): - 11/26/2025

NCOIL Backs Bill to Extend Terrorism Risk Insurance Program Through 2035
Insurance Business Magazine reports: “The National Council of Insurance Legislators (NCOIL) is urging congressional support for a bill that would extend the Terrorism Risk Insurance Act (TRIA) through 2035, as lawmakers begin work on the program’s reauthorization ahead of its scheduled expiration on Dec. 31, 2027.” Click <a href="https://www.insurancebusinessmag.com/us/news/breaking-news/ncoil-backs-bill-to-extend-terrorism-risk-insurance-program-through-2035-551303.aspx" target="_child">here </a> to read more.

Category(s): - 11/26/2025

State Insurance Regulators Urge Extension of Enhanced Premium Tax Credits to Protect Millions of Consumers
In a recent letter, the National Association of Insurance Commissioners (NAIC) urged leaders in the U.S. House of Representatives and the U.S. Senate to take immediate action to extend enhanced premium tax credits under the Affordable Care Act, which will otherwise expire at the end of 2025.

Category(s): - 11/26/2025

Trump Administration Expands Access to ACA Catastrophic Plans
Fierce Healthcare reports: “The Department of Health and Human Services (HHS) said on September 4 that consumers who do not qualify for the advanced subsidies or cost-sharing reductions can apply for a hardship exemption, beginning November 1, the first day of open enrollment for the marketplaces.” Click <a href="https://www.fiercehealthcare.com/regulatory/trump-administration-expands-access-aca-catastrophic-plans" target="_child">here </a> to read more.

Category(s): - 11/26/2025

The Arizona Department of Insurance and Financial Institutions has issued Regulatory Bulletin 2025-08
The Arizona Department of Insurance and Financial Institutions has issued Regulatory Bulletin 2025-08, which addresses stop loss insurance products. The Bulletin summarizes the Department’s newly issued guidance that no specific line of authority is required for an insurer to write stop loss insurance products. The Bulletin also confirms that stop loss products are not regulated as group health insurance because these products in essence operate as a form of reinsurance for employers with self-insured employee health plans. To that end, the Department has advised that stop loss products should not include provisions that would commonly be found in health insurance policies, such as medical necessity, managed care, case management, or the ability to deny claims that the employer is legally obligated to pay under its health plan.  Nor should stop loss policies include provisions that may create a relationship between the stop loss insurer and health plan beneficiaries since stop loss insurance policies are a contract between the insurer and the employer. Regulatory Bulletin 2025-08 can be found <a href="https://difi.az.gov/sites/default/files/Regulatory%20Bulletin%202025-08_Stop%20Loss%20Products.pdf" target="_child">here. </a>

Category(s): - 11/26/2025

Citizens Property Insurance Corporation: In-Force Policy Count Continues to Drop
Insurance Journal reports: “Citizens Property Insurance Corp., the state-created insurer of last resort, is no longer the largest carrier in Florida. The ranking is seen as a significant milestone in the push for a more stable, market-based insurance system in the state. Citizens’ leadership announced that October takeouts and assumptions by other insurers had trimmed Citizens’ policy count to about 560,000 – a level not seen since spring of 2021.” Click <a href="https://www.insurancejournal.com/news/southeast/2025/11/03/846101.htm " target="_child">here </a> to read more.

Category(s): - 11/26/2025

Florida Drivers See Relief as Auto Insurance Premiums Drop 6.5% in 2025
From WINK News: “Florida Insurance Commissioner Mike Yaworsky highlighted the significant increases in auto policyholders' premiums over the last three years, with more than 30% in 2023 and 4% last year. However, this year has seen a 6.5% decrease.” Click <a href="https://www.winknews.com/news/state/florida-drivers-see-relief-as-auto-insurance-premiumsdrop-6-5-in-2025/article_188fcaef-5f76-4c04-a0b6-01c1db4035d5.html" target="_child">here </a> to read more.

Category(s): - 11/26/2025

Florida House of Representatives Insurance and Banking Committee Subcommittee Meet to Discuss the Current and Future Use of AI in the Insurance Industry
The House Insurance & Banking Subcommittee met on October 7, 2025, to discuss the current and future use of artificial intelligence (AI) in the insurance industry, which the panel noted has long been used to manage risks and offset workforce challenges. The discussion highlighted AI's potential to drive down costs for consumers, though these savings are not yet consistently visible, and acknowledged that few consumer complaints currently cite AI because policyholders often do not know when it has been used. While existing laws govern AI decisions, panelists stressed the need for ethical guardrails concerning data privacy and fairness, advising lawmakers to avoid broad, blanket AI regulations. Committee members raised concerns about transparency and preventing bias, to which the panel responded that final coverage and claims decisions typically remain with human experts. Click <a href="https://www.wusf.org/politics-issues/2025-10-07/florida-lawmakers-ponder-ai-in-insurance" target="_child">here </a> to read more.

Category(s): - 11/26/2025

Florida’s Citizens is Deferring Flood Coverage Proof While NFIP is Shut Down
Insurance Journal reports: “Effective October 1, Florida’s Citizens Property Insurance Corp. is deferring the required proof of flood insurance while the federal government shutdown continues and the National Flood Insurance Program is in limbo. Once NFIP resumes, insurance agents will have 10 business days to submit the proof-of-flood-coverage documents to Citizens. If a policy’s cancellation or nonrenewal effective date is October 1, 2025, or later, agents can submit a request to reinstate via the Flood and Affirmation Document Deferral Form. The form must be submitted prior to the cancellation or nonrenewal effective date.” Click <a href="https://www.insurancejournal.com/news/southeast/2025/10/06/842576.htm" target="_child">
here </a> to read more.

Category(s): - 11/26/2025

11th Circuit Affirms Policy Exclusion for Damage to Property Due to Delay in Transit
In <i>Atlantic Business Corp. v. RLI Ins. Co.,</i> (USCA11 Case No. 24-13244, filed September 18, 2025), the 11th Circuit Court of Appeals affirmed the North District of Georgia Court’s summary judgement granted to the insurer holding that a coverage exclusion in a certificate of insurance containing an endorsement to commercial marine open cargo insurance policy negated coverage for deterioration or decay of insured goods because of the policy’s “Delay Warranty”.  Here, the insured’s shipment of blood plasma from Mexico to the U.S. was delayed, causing the plasma to become subject to temperatures that made it unusable. The insured argued that the endorsement’s broad language providing coverage for spoliation “from any cause” overrode the policy’s Delay Warranty in which the insured warranted that transported goods would be free from loss, damage or deterioration arising from delay. However, both courts agreed that the endorsement’s condition stating that it was subject to several “Paramount Warranties”, which included the Delay Warranty, did not create a conflict with the broad coverage for any cause clause as the two had to be interpreted together, not in isolation, under basic contract construction principles. Click <a href="https://law.justia.com/cases/federal/appellate-courts/ca11/24-13244/24-13244-2025-09-18.html" target="_child">here </a> to read more.

Category(s): - 11/26/2025

BULLETIN 25-EX-2: City of Columbus V. Kennedy and Re-Filing of 2026 Rates
On September 5, 2025, Commissioner John F. King issued Bulletin 25-EX-2 to provide updated guidance regarding the federal court litigation in <i>City of Columbus v. Kennedy.</i> On September 4, 2025, the Maryland District Court extended the time for the federal government to respond to its motion for a stay of the preliminary injunction originally issued on August 22, 2025. This extension means the injunction is still in effect, and the provisions of the federal rule at issue in the case, particularly those concerning Actuarial Value (AV) policies, will not be implemented for Plan Year 2026 at this time. As a result, some previously filed health plans for Plan Year 2026 may be out of compliance with the AV policy as it stands following the injunction. All health insurers offering plans on Georgia Access should refer to the re-filing guidelines for qualified health plans in Bulletin 25-EX-2. Click <a href="https://www.forc.org/Public/Alerts/2025/Documents/BULLETIN-25-EX-02--All-Health-Insurers-Offering-Plans-on-Georgia-Access.aspx" target="_child">here </a> to download 25-EX-2. 

Category(s): - 11/26/2025

CMS Extends the Term for Georgia’s Medicaid Expansion Program
Following the resolution in 2024 of a lengthy dispute between the State of Georgia and the Centers for Medicare and Medicaid Services (CMS) over the implementation of Georgia’s Section 1115 Waiver for a Medicaid expansion program known as Pathways to Coverage, which inhibited the program’s original 2020 start date along with delay caused by the COVID-19 pandemic, on September 23, 2025, CMS granted a one-year extension for the program until December 31, 2026. Click <a href="https://gov.georgia.gov/press-releases/2025-09-25/cms-approves-georgia-pathways-coveragetm-extension-further-validates" target="_child">here </a> to read more.

Category(s): - 11/26/2025

Georgia Appellate Court Questions Rescission of Auto Insurance Policy Based on Fraud
In <i>Mamoorkhan v. Auto-Owners Ins. Co.,</i> (A25A0780, decided September 10, 2025), the Georgia Court of Appeals vacated a trial court’s summary judgement granted to an auto insurer declaring that its auto insurance policy could be rescinded for fraud because the insured failed to disclose in his insurance application his auto accident that occurred a few hours before he submitted his insurance application. The trial court relied upon <a href="https://law.justia.com/codes/georgia/title-33/chapter-24/article-1/section-33-24-7/" target="_child">O.C.G.A. § 33-24-7(b), </a>which provides that misrepresentations, omissions, concealment of facts and incorrect statements in an insurance application do not prevent recovery under an insurance policy unless they are fraudulent, material to the insurer’s acceptance of the insured risk and the insurer would not have in good faith issued the insurance policy had it known the true facts as required by the insurance application. Ga. Code Ann. § 33-24-7(b) (2024).  However, the appellate court questioned, and remanded to the trial court to decide, whether this statute of general applicability to insurance contracts applied in this instance because of <a href="https://law.justia.com/codes/georgia/title-33/chapter-24/article-1/section-33-24-45/" target="_child">O.C.G.A. § 33-24-45, </a> which governs an insurer’s right to cancel (and non-renew) an auto insurance policy, noting prior case law reflecting that, under O.C.G.A. § 33-24-45, “an insurer cannot, on the ground of fraud or misrepresentations relating to the inception of the policy, retrospectively avoid coverage under a compulsory or financial responsibility insurance law so as to escape liability to a third party.” Ga. Code Ann. § 33-24-45 (2024). Click <a href="https://caselaw.findlaw.com/court/ga-court-of-appeals/117692127.html" target="_child">here </a> to read more. 

Category(s): - 11/26/2025

Georgia Bulletin Re-New Compliance Program for Licensed Surplus Lines Brokers
Beginning October 2025, the Florida Surplus Lines Service Office will conduct compliance reviews of Georgia-licensed surplus lines brokers. The purpose is to ensure brokers are meeting statutory requirements for policy filing and tax. The reviews will verify that all policies, endorsements, and cancellations are properly filed, that premium taxes are accurately calculated, reported, and paid, and that broker records align with Georgia surplus lines laws and regulations. Reviews may be conducted on-site or remotely and may be scheduled on a routine or random basis or as a result of identified reporting discrepancies. Click Beginning October 2025, the Florida Surplus Lines Service Office will conduct compliance reviews of Georgia-licensed surplus lines brokers. The purpose is to ensure brokers are meeting statutory requirements for policy filing and tax. The reviews will verify that all policies, endorsements, and cancellations are properly filed, that premium taxes are accurately calculated, reported, and paid, and that broker records align with Georgia surplus lines laws and regulations. Reviews may be conducted on-site or remotely and may be scheduled on a routine or random basis or as a result of identified reporting discrepancies. Click <a href="https://www.forc.org/Public/Alerts/2025/Documents/BULLETIN-25-EX-03--All-Surplus-Lines-Agents-Writing-in-the-State-of-Georgia.aspx" target="_child">here </a> to download 25-EX-3.

Category(s): - 11/26/2025

Georgia Will Promulgate New Rules and Amend Existing Rules Before End of 2025
There are many Rules for consideration on the docket and there is now time for industry and public input. These regulations relate to the Automobile Plan, Statistical Agents, Private Review Agents (UR) and new Senate Bill 5 related to same. Please see the detail related to same at: <a href="https://oci.georgia.gov/press-releases/2025-11-06/hearing-new-rules-and-regulations-scheduled-december-3-2025" target="_child">Georgia Regulations to Be Amended and Public Input Process. </a>

Category(s): - 11/26/2025

NAIC Moves Closer to Finalizing AG 49-A, New Reinsurance Guideline
Insurance Newsnet reports: “The Life Actuarial Task Force posted Actuarial Guideline 49-A and the new AG 55 for a 21-day comment period following a September 25 meeting. Minor language tweaks are involved with the former guideline, while regulators seek comment on draft templates for AG 55”. Click <a href="https://insurancenewsnet.com/innarticle/regulators-tweak-ag-49-new-reinsurance-guideline-as-work-nears-end" target="_child">here </a> to read more. 

Category(s): - 11/26/2025

NAIC Regulators Near Completion of Guidance on Compliance with Annuity Rules
From Insurance Newsnet: “More than a year after first circulating a draft guidance on compliance expectations for its best interest standard for annuity sales, regulators are nearing a final version. The National Association of Insurance Commissioners (NAIC) adopted the Suitability in Annuity Transactions Model Regulation #275 update in 2020 to strengthen state regulation over annuity sales. The draft guidance provides details for insurers regarding their obligations when they rely on third parties, such as broker-dealers, investment advisers, or ERISA fiduciaries, to comply with the annuity suitability model.” 

Category(s): - 11/26/2025

Oregon Begins Rulemaking to Align Insurance Regulations with NAIC Accreditation and Model Laws
Following amendments to SB 831, the Division of Financial Regulation has initiated rulemaking to update state requirements related to group solvency supervision, Group Capital Calculation, Liquidity Stress Testing, and broader NAIC Accreditation standards encompassing solvency oversight and consumer protection. Read the Notice of Proposed Rulemaking <a href="https://dfr.oregon.gov/laws-rules/Documents/Proposed/20251023-sb831-naic-accreditation-revisions.pdf" target="_child">here. </a>

Category(s): - 11/26/2025

Oregon Initiates Rulemaking on Prior Authorization Data Reporting Requirements
The Division of Financial Regulation has begun interpreting recent amendments to ORS 743B.250 to revise and clarify the data submission obligations for insurers related to prior authorization metrics. Read the Notice of Proposed Rulemaking <a href="https://dfr.oregon.gov/laws-rules/Documents/Proposed/20251022-hb3134-prior-authorization-data-reporting.pdf" target="_child">here. </a> 

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