Alternative Procedures for Resolution of Disputed Commercial Lines Residential Insurance Claims Arising from Hurricane and Tropical Storm Damage

DEPARTMENT OF FINANCIAL SERVICES
Divison of Consumer Services

RULE NO: RULE TITLE
69J-2.002: Alternative Procedures for Resolution of Disputed Commercial Lines Residential Insurance Claims Arising from Hurricane and Tropical Storm Damage

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol.32,No.12, March 24, 2006 issue of the Florida Administrative Weekly.

Notice is hereby given that the Department has made changes to subsection (3) of Rule 69J-2.002 based on comments from the Joint Administrative Procedures Committee. When adopted, subsection (3) will read as follows:

(3)  Notice of Right to Mediate Disputed Claims.  The insurer shall mail a notice of the right to mediate disputed claims to the insured within 5 days of the time the insured or the Department notifies an insurer of a dispute regarding the insured’s claim.  An insurer shall mail to the insured a notice of the right to mediate disputed claims in the same mailing as the insurer’s notice that the claim is to be denied.  An insurer is not required to mail to the insured a notice of right to mediate disputed claims if the claim is denied because the amount of the claim is less than the applicable deductible.  Notice shall be in writing and shall be legible, conspicuous, and printed in at least 12-point type.  The first paragraph of the notice shall contain the following statements: “Tom Gallagher, Chief Financial Officer for the State of Florida, has adopted a rule to facilitate the fair and timely handling of commercial residential property insurance claims arising out of the hurricanes that have devastated so many residences in Florida.  The rule gives you the right to attend a mediation conference with the insurer in order to settle any dispute about your claim.   An independent mediator, who has no connection with the insurer, will be in charge of the mediation conference.  You may begin the mediation process by completing a Commercial Residential Mediation Request Form and returning it to the Department of Financial Services.  Forms are available by calling the Department at 1(800) 227-8676 (1-800-22-STORM), by faxing the Department at [phone], or by logging onto the Department’s website at http://www.fldfs.com. and clicking on the “Commercial Residential Mediation Request” icon.   Once the Department receives your completed Commercial Residential Mediation Request Form, your insurance company will be notified, and will have 21 days to settle your claim before your request for mediation is further processed.”