by Robert L. Buck, Esq., P.A.,; The petition sought the Department’s determination regarding the availability of attorney’s fees when no specific “offer to pay” had been provided to an insured in response to a request for neutral evaluation pursuant ...

 

DEPARTMENT OF FINANCIAL SERVICES

NOTICE IS HEREBY GIVEN that the Florida Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by Robert L. Buck, Esq., P.A., on June 26, 2013. The following is a summary of the agency's disposition of the petition:

The petition sought the Department’s determination regarding the availability of attorney’s fees when no specific “offer to pay” had been provided to an insured in response to a request for neutral evaluation pursuant to Section 627.7074(14), Florida Statutes. The Department’s order, issued September 24, 2013, found that the existing or most recent written claims decision by the insurer would not constitute an “offer to pay” unless such written “offer to pay” was made by the insurer within the ten (10) day time frame following receipt of request for neutral evaluation by the policyholder.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: John Ashley Peacock, Assistant General Counsel, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399, telephone number 1(850)413-4150, email: [e-mail].