69O-167.001. Return of Unearned Premium

(1) Unless otherwise provided in the contract, upon cancellation of a fire and casualty policy by the company or the insured, the return of gross unearned premium is to be mailed within fifteen (15) working days after the effective date of cancellation, except where the provisions of Sections 627.7283 and 627.848(6), Florida Statutes, apply. The date of return made by the company or agent is determined by the post mark.

(2) Unless payment of the amount of the premium to be returned is affirmatively requested by the insured, the insurer need not return any amount of $5.00 or less.

(3) Subsections (1) and (2), above, do not apply to audit policies. Audit policies shall be subject to a time limitation of ninety (90) days from the date of cancellation to make the return of unearned premiums, if any. If such audit is not complete within this time limitation, then the insured’s own audit shall be accepted by the insurer. Such unearned premium, if any, shall be mailed within ten (10) working days upon receipt of the insured’s audit.

(4) The exception in subsection (3) for audit policies is subject to the full cooperation of the insured with the insurer or agent in securing the necessary data for audit. Proof of non-cooperation of the insured shall be submitted to the Office by the insurer or the agent upon request. In the event that non-cooperation still exists, then the deposit premium shall be considered fully earned, without prejudice as to whether additional premium is due.

Specific Authority 624.308 FS. Law Implemented 624.307(1), 627.4133, 627.728 FS. History–New 12-29-71, Formerly 4-28.03, 4-28.003, Amended 11-2-92, Formerly 4-167.001.