Notice of Variances and Waivers

DEPARTMENT OF FINANCIAL SERVICES
OIR – Insurance Regulation
RULE NO.: RULE TITLE:
69O-125.003: Unfair Discrimination Because of Travel Plans
NOTICE IS HEREBY GIVEN that on January 25, 2012, the Financial Services Commission, Office of Insurance Regulation, received a petition for The Office of Insurance Regulation hereby gives notice that the Office of Insurance Regulation (the “Office”) has issued an Order granting the Petition to Amend and Extend Order Granting Variance from Rule 69O-125.003, F.A.C., filed on December 22, 2011, by Monumental Life Insurance Company. The Notice of Petition for Variance was published in Vol. 38, No. 3, January 20, 2012, Florida Administrative Weekly. The petition seeks a variance from Rule 69O-125.003, F.A.C., which prohibits insurance providers from making underwriting decisions based upon an applicant’s intent to engage in future lawful foreign travel or past lawful foreign travel. On February 15, 2008, the Office issued an Order granting insurance providers a two year variance or waiver of Rule 69O-125.003, F.A.C., as it pertains to travel to Iraq and Afghanistan. On December 17, 2009, the Office issued an Order extending the variance of Rule 69O-125.003, F.A.C., as applied to travel to Iraq and Afghanistan, for an additional two years. The petition seeks to extend the variance for a third time. The Office has considered the petition and concluded that the application of Rule 69O-125.003, F.A.C., as it pertains to Iraq and Afghanistan, would create a substantial hardship for insurance providers. As a result, the Office has issued an Order, filed on January 24, 2012, approving the requested waiver or variance for an additional two years. Until February 15, 2014, insurers of all forms of insurance designated in Rule 69O-125.003, F.A.C., may factor into their underwriting an applicant’s travel plans to Iraq or Afghanistan.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Debra Seymour at debra.seymour@floir.com.