Florida SB 108: Resolution of Disputed Property Insurance Claims

Bill Text

108 
Resolution of Disputed Property Insurance Claims 
2025-10-07T04:21:21Z 
Requiring, rather than authorizing, parties in a property insurance claim dispute to participate in mediation; providing that mediation is a condition precedent to commencing litigation; requiring all insureds, or their representatives, to attend the mediation; requiring the policyholder to provide the insurer with any information and certain documents within a specified timeframe after mediation is invoked; revising the definition of the term “claim”, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 108 

 By Senator Polsky 

 30-00313-26 2026108__ 
 1 A bill to be entitled 
 2 An act relating to the resolution of disputed property 
 3 insurance claims; amending s. 627.7015, F.S.; 
 4 requiring, rather than authorizing, parties in a 
 5 property insurance claim dispute to participate in 
 6 mediation; providing that mediation is a condition 
 7 precedent to commencing litigation; deleting 
 8 provisions relating to the eligibility of claims for 
 9 mediation; providing that the parties may mutually 
 10 agree to conduct the mediation by teleconference or 
 11 other electronic means; requiring all insureds, or 
 12 their representatives, to attend the mediation; 
 13 revising and specifying duties relating to the parties 
 14 bearing certain costs of mediation; requiring, rather 
 15 than authorizing, the Department of Financial Services 
 16 to adopt certain rules; authorizing the department to 
 17 adopt certain emergency rules; requiring the 
 18 policyholder to provide the insurer with any 
 19 information and certain documents within a specified 
 20 timeframe after mediation is invoked; revising 
 21 conditions under which a policyholder has a certain 
 22 timeframe to rescind a settlement; revising the 
 23 definition of the term “claim”; providing and revising 
 24 construction; amending s. 627.7074, F.S.; conforming a 
 25 provision to changes made by the act; providing an 
 26 appropriation; providing effective dates. 
 27 
 28 Be It Enacted by the Legislature of the State of Florida: 
 29 
 30 Section 1. Section 627.7015, Florida Statutes, is amended 
 31 to read: 
 32 627.7015 Mandatory mediation Alternative procedure for 
 33 resolution of disputed property insurance claims.— 
 34 (1) This section sets forth a nonadversarial alternative 
 35 dispute resolution procedure for a mediated claim resolution 
 36 conference prompted by the need for effective, fair, and timely 
 37 handling of property insurance claims. There is a particular 
 38 need for an informal, nonthreatening forum for helping parties 
 39 who elect this procedure to resolve their claims disputes 
 40 because most homeowner and commercial residential insurance 
 41 policies obligate policyholders to participate in a potentially 
 42 expensive and time-consuming adversarial appraisal process 
 43 before litigation. The procedure set forth in this section is 
 44 designed to bring the parties together for a mediated claims 
 45 settlement conference without any of the trappings or drawbacks 
 46 of an adversarial process. Before participating in resorting to 
 47 these procedures, policyholders and insurers are encouraged to 
 48 resolve claims as quickly and fairly as possible. This section 
 49 applies is available with respect to claims under personal lines 
 50 and commercial residential policies before commencing the 
 51 appraisal process and is a condition precedent to, or before 
 52 commencing litigation. Mediation may be requested only by the 
 53 policyholder, as a first-party claimant, a third-party, as an 
 54 assignee of the policy benefits, or the insurer. However, An 
 55 insurer is not required to participate in any mediation 
 56 requested by a third-party assignee of the policy benefits. If 
 57 requested by the policyholder, Participation by legal counsel is 
 58 permitted. Mediation under this section is also required of 
 59 available to litigants referred to the department by a county 
 60 court or circuit court. This section does not apply to 
 61 commercial coverages, to private passenger motor vehicle 
 62 insurance coverages, or to disputes relating to liability 
 63 coverages in policies of property 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 subse