1 | Representative Ross offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 216 and 217 insert: |
5 | Section 4. Section 627.4141, Florida Statutes, is created |
6 | to read: |
7 | 627.4141 Mandatory arbitration clauses in certain life |
8 | policies.-- |
9 | (l) In order to facilitate the fair, prompt, economical, |
10 | and efficient resolution of disputes, an insurer may deliver or |
11 | issue for delivery to residents of this state a life insurance |
12 | policy, including group life and certificates of coverage, with |
13 | a death benefit of $50,000 or less that contains a provision |
14 | requiring the resolution of claims or disputes involving the |
15 | insurance policy through the use of mandatory binding |
16 | arbitration, provided that such provision complies with the |
17 | requirements of this section. |
18 | (2) The arbitration provision shall be set forth in the |
19 | policy or a separate endorsement and shall provide: |
20 | (a) A description of the arbitration process. |
21 | (b) A reasonable method for the selection of an impartial |
22 | arbitrator and, if the parties cannot agree upon an arbitrator |
23 | within 30 days of the demand for arbitration, the appointment of |
24 | an impartial arbitrator by the American Arbitration Association |
25 | or a similar organization. |
26 | (c) For payment by the insurer of the fees and expenses of |
27 | the arbitrator and administrative expenses of the arbitration. |
28 | (d) For commencement of the arbitration hearing within 90 |
29 | days after the commencement of the arbitration process and for |
30 | the rendering of the decision within a 30 days thereafter unless |
31 | waived by the person initiating the arbitration. |
32 | (e) The arbitration hearing will be conducted in the |
33 | county of residence of the person demanding arbitration unless |
34 | the parties agree to a different location. |
35 | (f) That the arbitrator apply the arbitration rules, |
36 | applicable policy provisions, and applicable law. |
37 | (g) The insurer provide a method of obtaining the rules |
38 | governing the arbitration without cost to the insured. |
39 | (3) The arbitration provision may contain other reasonable |
40 | provisions consistent with the fair, prompt, economical, and |
41 | efficient resolution of disputes. |
42 | (4) At the time of the application for a policy or |
43 | endorsement containing a mandatory arbitration clause, the |
44 | applicant must be provided with and sign a separate disclosure |
45 | statement that in clear and prominent language, displayed in 12 |
46 | point type, capitalized, and in bold print discloses the |
47 | following, where applicable that: |
48 | (a) The policy contains a binding arbitration agreement |
49 | that requires that all disputes related to the policy be |
50 | resolved through binding arbitration rather in a court of law. |
51 | (b) The results of the arbitration are binding on the |
52 | insured and the insurer. |
53 | (c) The arbitrator, who is independent and neutral, will |
54 | render a decision after listening to the positions of the |
55 | parties. |
56 | (d) Generally, courts are unwilling to review and change |
57 | decisions arising from binding arbitration. |
58 | (e) By accepting the insurance policy containing the |
59 | mandatory arbitration provision, the insured agrees to resolve |
60 | all disputes related to the policy through arbitration rather |
61 | than a court and that the insured waives all rights to a trial |
62 | by jury. |
63 | ================ T I T L E A M E N D M E N T ============= |
64 | Remove line 17 and insert: |
65 | plans; providing a definition; creating s. 627.4141, F.S.; |
66 | providing for mandatory arbitration clauses in certain life |
67 | insurance policies; providing requirements for such arbitration; |
68 | providing for disclosures to consumers of such provisions; |
69 | amending s. 636.044, F.S.; |