16212694, 69O-166.031 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16212694

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

OIR – Insurance Regulation

Chapter:

PROPERTY AND CASUALTY INSURER PRACTICES

Overview

RULE:

69O-166.031

Mediation of Property Insurance Claims

PURPOSE:

This proposed rulemaking proceeding is necessary to address the invalidity of a portion of Rule 69O-166.031 “Mediation of Property Insurance Claims” as the result of the ruling in State Farm Florida Ins. Co v Unlimited Restoration Specialists, Inc., 84 So. 3d 390 (Fla. 5th DCA 2012). The rule is also further amended to eliminate redundant language contained in the DFS rule governing the Mediation program.

SUMMARY:

The rule governs the administrative requirements of section 627.7015, F.S. regarding the mediation of residential and commercial property insurance claims. The Department of Financial Services administers the program and has adopted rule 69J-166.031, F.A.C. This rule comprehensively addresses all aspects of the mediation program. OIR rule 69O-166.031, F.A.C. at one point was identical to the DFS rule. Over time, the DFS rule has been amended and is not identical to the OIR rule. Much of the OIR rule is redundant and is not necessary. The revised rule is being amended to merely cross reference the DFS rule and maintain the penalty for an insurer’s failure to appear at the mediation conference.

RULEMAKING AUTHORITY:

624.308(1), 627.7015(4), FS.

LAW:

624.307(1), 624.418(2)(a), 624.421(1)(a), 624.4211(1)-(3), 626.9541(1)(i), 626.9581(1), 627.7015, FS.

PRINT PUBLISH DATE:

7/14/2015 Vol. 41/135

COMMENTS:

From 7/14/2015 To 8/4/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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