OIR Rule Development Workshop Report: Mediation of Residential Property Insurance Claims

Jan 12, 2009

Today, January 12, 2009, the Florida Office of Insurance Regulation (“OIR”) held a Rule Development Workshop on Proposed Rule 69J-166.031 relating to the mediation of residential property insurance claims.  OIR Assistant General Counsel Tom Valentine presided over the hearing.

The proposed Rule would rewrite the current property insurance Rule relating to mediation practices in claims for the 2004 and 2005 hurricanes, which heretofore have been governed by Rule 69J-2.003, F.A.C.  Because there are so few of these claims left to be mediated, a special process is no longer needed.  Thus, the proposed Rule would modify Rule 69J-166.031, F.A.C. to handle them.

At the hearing, insurance industry representatives provided comments and sought clarification on some of the proposed changes.  The prospect of having to review all of their property and casualty claims and needing to re-open claims as a result of the potential adoption of the proposed Rule was of primary concern.

A Citizens Property Insurance Corporation representative requested that mediations be held at a location of the company’s own selection.  Currently, the mediation location is selected by the mediator.  The OIR representatives were not receptive to this suggestion. 

Finally, a representative from the Florida Insurance Guaranty Association raised concerns about Vanguard-related claims.  The OIR representatives noted that it was not intending to revisit what had already been done on those claims. 

To view the meeting notice and proposed rule text, click here.

Following public testimony, Mr. Valentine concluded the meeting, noting that the record will remain open for additional comments for seven days. 

There being no further business, the workshop adjourned. 

 

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

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