Florida Sinkhole Claims Neutral Evaluation Process Rule Changes Proposed; January 6 Hearing Scheduled
Dec 22, 2015
Proposed revisions to regulations governing Florida’s sinkhole claims neutral evaluation process will be the subject of a Division of Consumer Services Rule Hearing scheduled for January 6, 2015 in Tallahassee.
Part of Rule Chapter 69J-8, Alternative Procedure for Resolution of Disputed Sinkhole Insurance Claims, Rule 69J-8.008, “Selection of Neutral Evaluator” and Rule 69J-8.009 “Evaluation Process” will be open for written comment until January 8, 2016.
The proposed amendments would increase the period of time that an insurer has to contact an insured after notice of a request to have a neutral evaluation of a sinkhole claim from three days to five days. The changes also clarify that failure to comply with the five-day requirement does not invalidate a party’s right to neutral evaluation or to disqualify proposed evaluators without cause.
To view the complete meeting notice, click here.
The markup of both proposed Rules is reprinted below:
69J-8.008 Selection of Neutral Evaluator.
(1) No change.
(2) The 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 3 business days upon receipt of the notification of the date notified of the neutral evaluation request. The insurer shall provide a copy of its written correspondence to the Department department at the same time written contact 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.com. Failure 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 their ability to disqualify evaluators with or without cause.
(3) through (9) No change.
Rulemaking Authority 627.7074(18) FS. Law Implemented 627.7074 FS. History-New 11-4-07, Amended 12-26-13, 7-27-15, __________.
69J-8.009 Evaluation Process.
(1) No change.
(2) The evaluation proceeding shall take the form of an informal conference, and shall not be subject to rules of procedure or evidence applicable in a court or administrative proceeding. The neutral evaluator, all approved professionals utilized in accordance with subsection 627.7074(11), F.S., and all representatives of the parties must be allowed reasonable access to the interior and exterior of insured structures to be evaluated or for which a claim has been made.
(3) through (9) No change.
Rulemaking Authority 627.7074(18) FS. Law Implemented 627.7074 FS. History-New 11-4-07, Amended 12-26-13, 7-27-15, ___________.
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