2026 -- H 7860

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LC005386

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO INSURANCE -- FIRE INSURANCE POLICIES AND RESERVES

     Introduced By: Representative Stephen M. Casey

     Date Introduced: February 27, 2026

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 27-5 of the General Laws entitled "Fire Insurance Policies and

Reserves" is hereby amended by adding thereto the following section:

     27-5-3.10. Minimum limitations standards for structural property claims --

Disclosures -- Void contractual shortening -- Claim closure restrictions.

     (a) Applicability. This section applies to any claim, including claims asserted by an insured,

claimant, beneficiary, or assignee, for loss of or damage to real property, structures, buildings,

dwellings, improvements to real property, or any part thereof, arising under any property insurance

policy issued, delivered, renewed, or in effect in this state, including surplus lines policies.

     (b) Minimum limitations standards; voidness. No policy provision, endorsement,

condition, limitation, agreement, discount, premium credit, or other consideration shall shorten the

time within which an insured, beneficiary, claimant, or assignee may pursue benefits, invoke

appraisal, or commence an action or otherwise assert a right to payment or performance, including

any right to supplemental payment, reopened claim benefits, or additional benefits for the same

occurrence, to recover amounts due, to less than the minimum limitations standards established by

this section and §§ 27-5-3, 27-5-9.1, and 9-1-13(a), as applicable. Any such provision or attempt is

void and unenforceable as against public policy.

     (c) Fire or lightning claims. Claims caused by fire or lightning shall not be limited to a

period shorter than twenty-four (24) months next after inception of the loss as provided in § 27-5-

3. For purposes of this subsection, “inception of the loss” means the first day on which direct

physical damage caused by fire or lightning was discovered or reasonably should have been

discovered.

     (d) All other structural property damage claims. For any claim for loss of or damage to real

property, structures, buildings, dwellings, or improvements to real property arising from any peril

or cause other than fire or lightning, the minimum limitations period shall be ten (10) years next

after inception of the loss, consistent with § 9-1-13(a), unless a shorter limitations period is

expressly provided by statute. For progressive, hidden, or intermittent damage, “inception of the

loss” means the first day on which the direct physical damage was discovered or in the exercise of

reasonable diligence should have been discovered.

     (e) Payments; claim closure; restrictive legends prohibited. No insurer, and no person or

entity acting directly or indirectly on behalf of or at the direction of an insurer, shall state, imply,

or represent that a claim is closed, satisfied, settled in full, paid in full, or otherwise extinguished,

or that any right or benefit is waived, by reason of including, but not limited to, any payment, partial

payment, claim-file status designation, internal notation, payment instrument legend, restrictive

endorsement, or other unilateral act, absent a formal written release executed pursuant to chapter

9.1 of title 27 (“unfair claims settlement practices act”) and executed by the claimant or insured,

witnessed by at least one disinterested adult witness, and notarized by a notary who is not an

employee, agent, adjuster, or vendor of the insurer.

     (f) Neglect; resulting damage. Nothing in this section shall relieve an insurer of liability

for direct physical damage proximately caused by a covered peril; however, an insurer may deny

coverage only for additional or resulting damage, and only to the extent proven to have been caused

by the claimant’s neglect in failing to take reasonable and necessary precautions to protect the

property from further damage after the claimant knew or reasonably should have known of the

damage.

     (g) Required disclosures. The director of business regulation shall require that every insurer

providing coverage for structural property damage claims in this state, including surplus lines

carriers, provide written notice to the insured or claimant that accurately states the applicable

minimum limitations standards under this section and §§ 27-5-3 and 9-1-13(a), as applicable, and

that issuance, acceptance, endorsement, negotiation, or deposit of any payment does not constitute

full and final settlement absent a formal written release executed in strict compliance with chapter

9.1 of title 27 (“unfair claims settlement practices act”), if enacted. The notice shall be provided at

first notice of loss and again with any payment issued.

     (h) Department of business regulation form approval. The director of the department of

business regulation shall not approve, and shall withdraw approval of, any form, endorsement,

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condition, limitation, or claims-handling notice for any policy providing coverage on any dwelling,

residential structure, or commercial structure in this state that contains any provision inconsistent

with this section.

     (i) Enforcement; cumulative remedies. A violation of this section, or any attempt to

circumvent this section, including through any third-party administrator, vendor, independent

adjuster, consultant, engineer, or other intermediary, shall constitute an unfair or deceptive act or

practice and an unfair claims settlement practice, enforceable by the department of business

regulation, the attorney general, and any private party as otherwise provided by law, including

under chapter 13.1 of title 6 (“deceptive trade practices”), chapter 9.1 of title 27 (“unfair claims

settlement practices act”), and § 9-1-33. The remedies for violations of this section are cumulative

and in addition to any other remedies available at law or in equity.

     (j) Rules and regulations. The director of business regulation is authorized and directed to

promulgate rules and regulations to implement and enforce this section, including standardized

disclosure language, font size, and placement on declarations pages and claim communications.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- FIRE INSURANCE POLICIES AND RESERVES

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     This act would establish minimum limitations standards for structural property damage

claims, and would void any policy provision, endorsement, condition, limitation, agreement, or

claim practice that shortens those standards. This act would further prohibit insurers and insurer-

affiliated claim handlers from treating any payment as a full settlement or claim closure absent a

formal written release and settlement agreement executed by the claimant or insured, and notarized,

consistent with chapter 9.1 of title 27 (“unfair claims settlement practices act”), and require clear

disclosures to insureds and claimants regarding applicable time limitations and claim rights.

     This act would take effect upon passage.

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