Florida HB 341: Motor Vehicles and Railroad Trains
Status: Chapter No. 2019-69 (as of 2019-06-10)
State: Florida · Session: 2019 · Bill: HB 341
Subjects: subject index
Sponsors: LaMarca
Bill Text
HB 341 2026 CODING: Words stricken are deletions; words underlined are additions. hb341-00 Page 1 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to resolution of disputed property 2 insurance claims; amending s. 627.7015, F.S.; 3 requiring, rather than authorizing, parties in a 4 property insurance claim dispute to participate in 5 mediation; providing that mediation is a condition 6 precedent to commencing litigation; deleting 7 provisions relating to the eligibility of claims for 8 mediation; providing that the parties may mutually 9 agree to conduct the mediation by teleconference or 10 other electronic means; requiring all insureds, or 11 their representatives, to attend the mediation; 12 revising and specifying duties relating to bearing 13 certain costs of mediation; requiring, rather than 14 authorizing, the Department of Financial Services to 15 adopt certain rules; authorizing the department to 16 adopt certain emergency rules; requiring the 17 policyholder to provide the insurer with any 18 information and certain documents within a specified 19 timeframe after mediation is invoked; revising 20 conditions under which a policyholder has a certain 21 timeframe to rescind a settlement; revising the 22 definition of the term "claim"; providing 23 construction; amending s. 627.7074, F.S.; conforming a 24 provision to changes made by the act; providing an 25 HB 341 2026 CODING: Words stricken are deletions; words underlined are additions. hb341-00 Page 2 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S appropriation; providing effective dates. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 627.7015, Florida Statutes, is amended 30 to read: 31 627.7015 Mandatory mediation Alternative procedure for 32 resolution of disputed property insurance claims.— 33 (1) This section sets forth a nonadversarial alternative 34 dispute resolution procedure for a mediated claim resolution 35 conference prompted by the need for effective, fair, and timely 36 handling of property insurance claims. There is a particular 37 need for an informal, nonthreatening forum for helping parties 38 who elect this procedure to resolve their claims disputes 39 because most homeowner and commercial residential insurance 40 policies obligate policyholders to participate in a potentially 41 expensive and time-consuming adversarial appraisal process 42 before litigation. The procedure set forth in this section is 43 designed to bring the parties together for a mediated claims 44 settlement conference without any of the trappings or drawbacks 45 of an adversarial process. Before participating in resorting to 46 these procedures, policyholders and insurers are encouraged to 47 resolve claims as quickly and fairly as possible. This section 48 applies is available with respect to claims under personal lines 49 and commercial residential policies before commencing the 50 HB 341 2026 CODING: Words stricken are deletions; words underlined are additions. hb341-00 Page 3 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S appraisal process, and mediation under this section is a 51 condition precedent to or before commencing litigation. 52 Mediation may be requested only by the policyholder, as a first-53 party claimant, a third-party, as an assignee of the policy 54 benefits, or the insurer. However, An insurer is not required to 55 participate in any mediation requested by a third-party assignee 56 of the policy benefits. If requested by the policyholder, 57 Participation by legal counsel is permitted. Mediation under 58 this section is also required of available to litigants referred 59 to the department by a county court or circuit court. This 60 section does not apply to commercial coverages, to private 61 passenger motor vehicle insurance coverages, or to disputes 62 relating to liability coverages in policies of property 63 insurance. 64 (2) At the time of issuance and renewal of a policy or at 65 the time a first-party claim within the scope of this section is 66 filed by the policyholder, the insurer shall notify the 67 policyholder of its right to participate in the mandatory 68 mediation program under this section. A claim becomes eligible 69 for mediation after the insurer complies with s. 627.70131(7) or 70 elects to reinspect pursuant to s. 627.70152(4)(a)3. If the 71 insurer has not complied with s. 627.70131(7) or elected to 72 reinspect pursuant to s. 627.70152(4)(a)3. within 90 days after 73 notice of the loss, the insurer may not require mediation under 74 this section. This subsection does not impair the right of an 75 HB 341 2026 CODING: Words stricken are deletions; words underlined are additions. hb341-00 Page 4 of 9 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S insurance company to request mediation after a determination of 76 coverage pursuant to this section or require appraisal or
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