1 | Representative(s) Johnson offered the following: |
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3 | Amendment (with title amendment) |
4 | Between lines 1240 and 1241, insert: |
5 | Section 15. Subsections (1) and (7) of section 627.7015, |
6 | Florida Statutes, are amended to read: |
7 | 627.7015 Alternative procedure for resolution of disputed |
8 | property insurance claims.-- |
9 | (1) PURPOSE AND SCOPE.--This section sets forth a |
10 | nonadversarial alternative dispute resolution procedure for a |
11 | mediated claim resolution conference prompted by the need for |
12 | effective, fair, and timely handling of property insurance |
13 | claims. There is a particular need for an informal, |
14 | nonthreatening forum for helping parties who elect this |
15 | procedure to resolve their claims disputes because most |
16 | homeowner's insurance policies obligate insureds to participate |
17 | in a potentially expensive and time-consuming adversarial |
18 | appraisal process prior to litigation. The procedure set forth |
19 | in this section is designed to bring the parties together for a |
20 | mediated claims settlement conference without any of the |
21 | trappings or drawbacks of an adversarial process. Before |
22 | resorting to these procedures, insureds and insurers are |
23 | encouraged to resolve claims as quickly and fairly as possible. |
24 | This section is available with respect to claims under personal |
25 | lines and commercial policies for all claimants and insurers |
26 | prior to commencing the appraisal process, or commencing |
27 | litigation. If requested by the insured, participation by legal |
28 | counsel shall be permitted. Mediation under this section is also |
29 | available to litigants referred to the department by a county |
30 | court or circuit court. This section does not apply to |
31 | commercial coverages, to private passenger motor vehicle |
32 | insurance coverages, or to disputes relating to liability |
33 | coverages in policies of property insurance. |
34 | (7) If the insurer fails to comply with subsection (2) by |
35 | failing to notify a claimant of its right to participate in the |
36 | mediation program under this section or if the insurer requests |
37 | the mediation, and the mediation results are rejected by either |
38 | party, the insured shall not be required to submit to or |
39 | participate in any contractual loss appraisal process of the |
40 | property loss damage as a precondition to legal action for |
41 | breach of contract against the insurer for its failure to pay |
42 | the policyholder's claims covered by the policy. |
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45 | ================ T I T L E A M E N D M E N T ============= |
46 | Remove line 101 and insert: |
47 | under certain circumstances; amending s. 627.7015, F.S.; |
48 | revising the purpose and scope of an alternative procedure for |
49 | resolution of disputed property insurance claims to include |
50 | commercial policies; providing an additional circumstance for |
51 | excusing an insured from submitting to or participating in |
52 | certain damage appraisal processes as a precondition to legal |
53 | action; requiring the Auditor General |