Florida Regulations 69L-6.008 80

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§ Cancellation of Workers' Compensation Insurance by an Insurer.



(1) Except as hereinafter provided, a workers' compensation insurance policy shall not be cancelled by an insurer until and unless 30 days have elapsed after the insurer has electronically filed directly with the Division or through a third party vendor a Notice of Cancellation. When an insurer files an electronic Notice of Cancellation directly with the Division, the 30-day deadline shall be calculated from the first day following the date the Division received the electronic cancellation. The electronic cancellation must include the minimum information required to identify the transmission as a cancellation for a specific policy as referenced in Rule Chapter 4L-56, F.A.C. If the insurer files electronically through a third party vendor, the 30-day deadline shall be calculated from the first day following the "Jurisdiction Designee Received Date," and must include the minimum information required to identify the transmission as a cancellation for a specific policy as referenced in Rule Chapter 4L-56, F.A.C.

(2) A workers' compensation insurance policy may be cancelled by the insurer the same day it became effective if the insurer electronically files a Notice of Cancellation directly with the Division or through a third party vendor and serves a copy of a notice of cancellation upon the employer in person or by mail, stating therein the reason for such cancellation, if the policy has been rewritten by the same insurer, with the same effective date. (3) When duplicate or dual coverage exists because two different insurers each issued policies to the same employer, and both policies have the same effective date, secure the same liability, and proof of coverage for both policies was duly filed by the insurers as required by this rule chapter, then, one of those policies may be cancelled by one of the insurers as of the date a Notice of Cancellation is electronically filed by that insurer. (4) When duplicate or dual coverage exists because two different insurers each issued policies with different effective dates to the same employer, and both of those policies secure the same liability, the insurer which was first on the risk (the canceling insurer) may cancel its policy by electronically filing a Notice of Cancellation. Once such notice is filed the cancellation date of the policy being cancelled shall become the same as the effective date of the policy not being cancelled, unless a later cancellation date is specified by the canceling insurer. Specific Authority 440.185(7), 440.42(3), 440.591, 440.593 FS. Law Implemented 440.185(7), 440.42(3), 440.593 FS. History-New 11-20-79, Amended 4-15-81, 1-2-86, Formerly 38F-6.08, Amended 12-28-97, 2-2-00, 3-5-02, Formerly 38F-6.008.