Changes Proposed for Florida Rules on Alternative Procedure for Resolution of Disputed Sinkhole Insurance Claims

 

Portions of Rule Chapter 69J-8, F.A.C. entitled “Alternative Procedure for Resolution of Disputed Sinkhole Insurance Claims” have been proposed for revision, the Florida Department of Financial Services’ (“DFS”) Division of Consumer Services announced on April 10, 2015.  

The Rules that would be affected are:

69J-8.002              Definitions

69J-8.004              Qualification and Certification of Neutral Evaluators

69J-8.006              Notice of Program

69J-8.007              Request for Evaluation

69J-8.008              Selection of Neutral Evaluator

69J-8.009              Evaluation Process

Specifically, the proposed rulemaking would:

• Repeal Rule 69J-8.004, F.A.C., because it is not needed, since the standards for neutral evaluators are now in section 627.7074, F.S.
• Amend Subsection 69J-8.008(2), F.A.C. to require insurers to contact claimants within three (3) business days of notice of a request for neutral evaluation, and copy the DFS on the correspondence to the claimant
• Add Subsection (9) of section 69J-8.008, F.A.C. to impose a duty on neutral evaluators to disclose conflicts of interest within three (3) business days of assignment
• Add Subsection (5) to Rule 69J-8.009, F.A.C. to require disclosure of professionals used by a neutral evaluator and conflicts of interest associated with those professionals.  Technical changes are also made.

To view the notice and access the complete text of the proposed Rules, click here.

If requested by May 1, 2015, a hearing has been scheduled for May 12 in Tallahassee.  If no request is made, a hearing will not be held.

 

 

Should you have any questions or comments, please contact Colodny Fass.

 

 

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