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Florida Administrative Code (Last Updated: November 11, 2024) |
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69. Department of Financial Services |
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69J. Division of Consumer Services |
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69J-8. Alternative Procedure For Resolution Of Disputed Sinkhole Insurance Claims |
1(1) 2Upon receipt of a request for neutral evaluation, the department shall provide the parties with a list of active certified neutral evaluators who do not currently have a neutral evaluation report outstanding for more than 14 days after holding a neutral evaluation conference.
45(2) 46The insurer shall contact the policyholder or its representative, and the parties shall attempt to reach an agreement on selection of a neutral evaluator. The insurer shall contact the policyholder or its representative to attempt to reach an agreement in writing within 5 business days upon receipt of the notification of the neutral evaluation request. 101The insurer shall provide a copy of its written correspondence to the department at the same time written 119contact is made to the policyholder or its representative. If the parties come to mutual agreement on the selection of a neutral evaluator, both parties shall so inform the department, in writing, by emailing such information to the following email address: NeutralEvaluation@MyFloridaCFO.com161. 162Failure of the insurer to contact the policyholder or its representative in writing within 5 business days does not invalidate either party’s right to neutral evaluation or to disqualify evaluators with or without cause.
196(3) 197If after 14 business days after receipt of the list of certified neutral evaluators the parties have failed to agree upon a neutral evaluator, the parties shall so inform the department by emailing such information to the following email address: NeutralEvaluation@MyFloridaCFO.com, or by calling the department at (850)413-5818245.
246(4) 247When informed that the selection of a neutral evaluator could not be agreed upon by the parties, or if the parties fail to contact the department within the 14 business day time period, the department shall conditionally assign a neutral evaluator by rotating sequentially through the list of willing neutral evaluators who do not currently have a neutral evaluation report outstanding for more than 14 days after holding a neutral evaluation conference319.
320(5) 321The department will inform the parties of the selection.
330(6) The department shall allow the parties to submit requests to disqualify evaluators on the list for cause. Parties who wish to disqualify evaluators for cause shall submit their request immediately, or as soon as the cause is known. The department will confirm the reason for disqualification for cause with the neutral evaluator383.
384(7) 385Either party may disqualify the selection without cause by emailing the department at NeutralEvaluation@MyFloridaCFO.com, notifying the department electronically or by facsimile within 3 business days after receipt of the notice of selection, or within 6 business days after receipt if notice of selection is sent by U.S. mail.
433(8) Each party may disqualify up to 2 neutral evaluators without cause.
445(9) Upon expiration of the timeframe within which to disqualify the selection, the department shall notify the neutral evaluator of the conditional assignment. The neutral evaluator must acknowledge confirmation of assignment and provide information regarding known conflicts within 3 business days of assignment. Failure to provide information regarding known conflicts within the required timeframe will result in the withdrawal of the assignment and the department shall conditionally assign another neutral evaluator by rotating sequentially through the list of willing neutral evaluators who do not currently have a neutral evaluation report outstanding for more than 14 days after holding a neutral evaluation conference.
547Rulemaking 548Authority 549627.7074(18) FS. 551Law Implemented 553627.7074 FS. 555History–New 11-4-07, Amended 12-26-13, 7-27-15, 4-4-16.
