Revised Mediation of Property Insurance Claims Rule Effective November 3, 2015
Nov 6, 2015
Rule 69O-166.031, entitled “Mediation of Property Insurance Claims” was recently revised to address the invalidity of a portion of its provisions as the result of the ruling in State Farm Florida Ins. Co v Unlimited Restoration Specialists, Inc., 84 So. 3d 390 (Fla. 5th DCA 2012).
Rule 69O-166.031 governs the administrative requirements of section 627.7015, F.S. regarding the mediation of residential and commercial property insurance claims.
Adopted effective November 3, 2015, the Rule was also further amended to eliminate redundant language contained in the Florida Department of Financial Services (“DFS”) Rule governing the mediation program.
At one point, Florida Office of Insurance Regulation (“OIR”) Rule 69O-166.031, F.A.C. was identical to the DFS Rule. Over time, the DFS Rule has been amended and is not identical to the OIR rule. Now, much of the OIR rule is redundant and unnecessary. Therefore, the revised Rule was amended to merely cross reference the DFS rule and maintain the penalty for an insurer’s failure to appear at a mediation conference.
To access complete Rule information, click here.
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