16909833, 69J-166.002 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 16909833

Notice of Proposed Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of Consumer Services

Chapter:

PROPERTY INSURANCE CLAIMS

Overview

RULE:

69J-166.002	Mediation of Commercial Residential Property Insurance Claims
69J-166.031	Mediation of Residential Property Insurance Claims

PURPOSE:

The proposed amendment is intended to promote clarity and efficiency in the mediation of property insurance claims.  Rule 69J-166.002, F.A.C., governs the mediation of commercial residential property insurance claims.  Rule 69J-166.031, F.A.C., governs the mediation of residential property insurance claims.  Both rules are being amended to do the following:
•	Cross reference the new rule for approval of mediators for the program.
•	Clarify that an insurer must make a claim determination before submitting a claim to mediation.
•	Change the start date for the 21 days to resolve a claim before a mediation conference is held.
•	Identify the website at which the mediation request form may be obtained.
•	Specify that a mediation conference will be held within 15 miles of the insured property unless agreed otherwise by the parties.
•	Provide various additional clarifications and minor revisions.

SUMMARY:

New Rule Chapter 69B-250 for certification of mediators is referenced.  Insurers must make a claim determination before submitting a claim to mediation.  The twenty-one (21) day period to resolve a claim prior to mediation begins with the receipt of the request for mediation by the Department of Financial Services.  A website is provided to obtain a mediation request form.  The description “a reasonable proximity” is replaced with “15 driving miles” of the insured property as a description of the permissible location of a mediation in absence of agreement of the parties, and unless the Administrator provides a location.

RULEMAKING AUTHORITY:

624.308(1), 626.9611, 627.7015(4)

LAW:

624.307(1), (2), (4), (5), 626.9541(1)(a), (e), (i), (u), 626.9561, 626.9581(1), 626.9641(1)(g), 627.7015

PRINT PUBLISH DATE:

12/18/2015 Vol. 41/244

COMMENTS:

From 12/18/2015 To 1/8/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.