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The Florida Senate

2006 Florida Statutes

SECTION 4261
Insurer's duty to acknowledge communications regarding claims; investigation.
Section 627.4261, Florida Statutes 2006

627.4261  Insurer's duty to acknowledge communications regarding claims; investigation.--

(1)(a)  Upon an insurer's receiving a communication with respect to a claim, the insurer shall, within 14 calendar days, review and acknowledge receipt of such communication unless payment is made within that period of time or unless the failure to acknowledge is caused by factors beyond the control of the insurer which reasonably prevent such acknowledgment. If the acknowledgment is not in writing, a notification indicating acknowledgment shall be made in the insurer's claim file and dated. A communication made to or by an agent of an insurer with respect to a claim shall constitute communication to or by the insurer.

(b)  As used in this subsection, the term "agent" means any person to whom an insurer has granted authority or responsibility to receive or make such communications with respect to claims on behalf of the insurer.

(c)  This subsection shall not apply to claimants represented by counsel beyond those communications necessary to provide forms and instructions.

(2)  Such acknowledgment shall be responsive to the communication. If the communication constitutes a notification of a claim, unless the acknowledgment reasonably advises the claimant that the claim appears not to be covered by the insurer, the acknowledgment shall provide necessary claim forms, and instructions, including an appropriate telephone number.

(3)  Unless otherwise provided by the policy of insurance or by law, within 10 working days after an insurer receives proof of loss statements, the insurer shall begin such investigation as is reasonably necessary unless the failure to begin such investigation is caused by factors beyond the control of the insurer which reasonably prevent the commencement of such investigation.

(4)  For purposes of this section, the term "insurer" means any residential property insurer.

History.--s. 23, ch. 2005-111.