David Avellar Neblett, Esq. of Perry & Neblett, P.A. (“Petitioner”); The Petitioner sought the Department’s opinion regarding: (1) whether an insured’s participation in the mediation process prescribed in section 627.7015, Florida Statutes (“DFS ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Consumer Services

NOTICE IS HEREBY GIVEN that the Department of financial Services, Division of Consumer Services (“Department”) has declined to rule on the petition for declaratory statement filed by David Avellar Neblett, Esq. of Perry & Neblett, P.A. (“Petitioner”) on May 12, 2017. The following is a summary of the agency’s declination of the petition:

The Petitioner sought the Department’s opinion regarding: (1) whether an insured’s participation in the mediation process prescribed in Section 627.7015, Florida Statutes (“DFS mediation”), if requested prior to the commencement of formal litigation, is a legal prerequisite to filing suit against the insurer; and (2) whether DFS mediation supplants or replaces any pre-suit alternative dispute resolution procedures set forth in the insurance contract or is an optional process for pre-suit alternative dispute resolution. The Department determined that the petition should be denied because it sought approval or disapproval of conduct which has already occurred. Additionally, a declaratory statement is not an appropriate remedy where there is related pending litigation regarding the same issues underlying the petition for declaratory statement. Finally, the petition requested the Department to make a determination outside of its jurisdiction regarding interpretation of certain insurance contract provisions.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Gina G. Smith, Assistant General Counsel, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0333 or by email at [e-mail].

Please refer all comments to: Gina G. Smith, Esq.