Amendment
Bill No. 1451
Amendment No. 773241
CHAMBER ACTION
Senate House
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1Representative Ross offered the following:
2
3     Amendment (with title amendment)
4     Between lines 216 and 217 insert:
5     Section 4.  Section 627.4141, Florida Statutes, is created
6to read:
7     627.4141  Mandatory arbitration clauses in certain life
8policies.--
9     (l)  In order to facilitate the fair, prompt, economical,
10and efficient resolution of disputes, an insurer may deliver or
11issue for delivery to residents of this state a life insurance
12policy, including group life and certificates of coverage, with
13a death benefit of $50,000 or less that contains a provision
14requiring the resolution of claims or disputes involving the
15insurance policy through the use of mandatory binding
16arbitration, provided that such provision complies with the
17requirements of this section.
18     (2)  The arbitration provision shall be set forth in the
19policy 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
22arbitrator and, if the parties cannot agree upon an arbitrator
23within 30 days of the demand for arbitration, the appointment of
24an impartial arbitrator by the American Arbitration Association
25or a similar organization.
26     (c)  For payment by the insurer of the fees and expenses of
27the arbitrator and administrative expenses of the arbitration.
28     (d)  For commencement of the arbitration hearing within 90
29days after the commencement of the arbitration process and for
30the rendering of the decision within a 30 days thereafter unless
31waived by the person initiating the arbitration.
32     (e)  The arbitration hearing will be conducted in the
33county of residence of the person demanding arbitration unless
34the parties agree to a different location.
35     (f)  That the arbitrator apply the arbitration rules,
36applicable policy provisions, and applicable law.
37     (g)  The insurer provide a method of obtaining the rules
38governing the arbitration without cost to the insured.
39     (3)  The arbitration provision may contain other reasonable
40provisions consistent with the fair, prompt, economical, and
41efficient resolution of disputes.
42     (4)  At the time of the application for a policy or
43endorsement containing a mandatory arbitration clause, the
44applicant must be provided with and sign a separate disclosure
45statement that in clear and prominent language, displayed in 12
46point type, capitalized, and in bold print discloses the
47following, where applicable that:
48     (a)  The policy contains a binding arbitration agreement
49that requires that all disputes related to the policy be
50resolved through binding arbitration rather in a court of law.
51     (b)  The results of the arbitration are binding on the
52insured and the insurer.
53     (c)  The arbitrator, who is independent and neutral, will
54render a decision after listening to the positions of the
55parties.
56     (d)  Generally, courts are unwilling to review and change
57decisions arising from binding arbitration.
58     (e)  By accepting the insurance policy containing the
59mandatory arbitration provision, the insured agrees to resolve
60all disputes related to the policy through arbitration rather
61than a court and that the insured waives all rights to a trial
62by jury.
63================ T I T L E  A M E N D M E N T =============
64     Remove line 17 and insert:
65plans; providing a definition; creating s. 627.4141, F.S.;
66providing for mandatory arbitration clauses in certain life
67insurance policies; providing requirements for such arbitration;
68providing for disclosures to consumers of such provisions;
69amending s. 636.044, F.S.;


CODING: Words stricken are deletions; words underlined are additions.