HB 837

1
A bill to be entitled
2An act relating to insurance; creating s. 627.4141, F.S.;
3authorizing insurers to issue life insurance policies
4containing a mandatory binding arbitration provision;
5specifying requirements for arbitration provisions;
6authorizing such provisions to contain other dispute
7resolution provisions; requiring insurers to provide
8applicants for policies containing a mandatory binding
9arbitration provision a disclosure statement; providing
10requirements for disclosure statements; specifying absence
11of prohibition against using alternative mandatory binding
12arbitration in certain insurance policies; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 627.4141, Florida Statutes, is created
18to read:
19     627.4141  Mandatory arbitration clauses permitted.--
20     (1)  In order to facilitate the fair, prompt, economical,
21and efficient resolution of disputes, an insurer may deliver or
22issue for delivery to residents of this state a life insurance
23policy, including group life and certificates of coverage, with
24a death benefit of $50,000 or less, which contains a provision
25requiring the resolution of claims or disputes involving the
26insurance policy through the use of mandatory binding
27arbitration, provided such provision complies with the
28requirements of this section.
29     (2)  The arbitration provision shall be set forth in the
30policy or a separate endorsement and shall provide:
31     (a)  A description of the arbitration process.
32     (b)  A reasonable method for the selection of an impartial
33arbitrator and, if the parties cannot agree upon an arbitrator
34within 30 days after the demand for arbitration, the appointment
35of an impartial arbitrator by the American Arbitration
36Association or a similar organization.
37     (c)  For payment by the insurer of the fees and expenses of
38the arbitrator and administrative expenses of the arbitration.
39     (d)  For commencement of the arbitration hearing within 90
40days after the commencement of the arbitration process and for
41the rendering of the decision within 30 days thereafter unless
42waived by the person initiating the arbitration.
43     (e)  That the arbitration hearing be conducted in the
44county of residence of the person demanding arbitration unless
45the parties agree to a different location.
46     (f)  That the arbitrator apply the arbitration rules,
47applicable policy provisions, and applicable law.
48     (g)  That the insurer provide a method of obtaining the
49rules governing the arbitration without cost to the insured.
50     (3)  The arbitration provision may contain other reasonable
51provisions consistent with the fair, prompt, economical, and
52efficient resolution of disputes.
53     (4)  At the time of the application for a policy or
54endorsement containing a mandatory arbitration clause, the
55insurer shall provide an applicant a separate disclosure
56statement which the applicant shall sign and which, in clear and
57prominent language, displayed in 12-point type, capitalized, and
58in bold print, discloses the following, where applicable:
59     (a)  The policy contains a binding arbitration agreement
60which requires that all disputes related to the policy must be
61resolved through binding arbitration rather than in a court of
62law.
63     (b)  The results of the arbitration are binding on the
64insured and the insurer.
65     (c)  The arbitrator, who is independent and neutral, will
66render a decision after listening to the positions of the
67parties.
68     (d)  Generally, courts are unwilling to review and change
69decisions arising from binding arbitration.
70     (e)  By accepting the insurance policy containing the
71mandatory arbitration provision, the insured agrees to resolve
72all disputes related to the policy through arbitration rather
73than a court and the insured waives all rights to a trial by
74jury.
75     (5)  This section does not prohibit the use of mandatory
76binding arbitration in insurance policies not described in this
77section.
78     Section 2.  This act shall take effect July 1, 2006.


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