September 19, 2020
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 (LATE FILED)Amendment
Bill No. 1937
Amendment No. 861003
Senate House

1Representative(s) Johnson offered the following:
3     Amendment (with title amendment)
4     Between lines 1240 and 1241, insert:
5     Section 15.  Subsections (1) and (7) of section 627.7015,
6Florida Statutes, are amended to read:
7     627.7015  Alternative procedure for resolution of disputed
8property insurance claims.--
9     (1)  PURPOSE AND SCOPE.--This section sets forth a
10nonadversarial alternative dispute resolution procedure for a
11mediated claim resolution conference prompted by the need for
12effective, fair, and timely handling of property insurance
13claims. There is a particular need for an informal,
14nonthreatening forum for helping parties who elect this
15procedure to resolve their claims disputes because most
16homeowner's insurance policies obligate insureds to participate
17in a potentially expensive and time-consuming adversarial
18appraisal process prior to litigation. The procedure set forth
19in this section is designed to bring the parties together for a
20mediated claims settlement conference without any of the
21trappings or drawbacks of an adversarial process. Before
22resorting to these procedures, insureds and insurers are
23encouraged to resolve claims as quickly and fairly as possible.
24This section is available with respect to claims under personal
25lines and commercial policies for all claimants and insurers
26prior to commencing the appraisal process, or commencing
27litigation. If requested by the insured, participation by legal
28counsel shall be permitted. Mediation under this section is also
29available to litigants referred to the department by a county
30court or circuit court. This section does not apply to
31commercial coverages, to private passenger motor vehicle
32insurance coverages, or to disputes relating to liability
33coverages in policies of property insurance.
34     (7)  If the insurer fails to comply with subsection (2) by
35failing to notify a claimant of its right to participate in the
36mediation program under this section or if the insurer requests
37the mediation, and the mediation results are rejected by either
38party, the insured shall not be required to submit to or
39participate in any contractual loss appraisal process of the
40property loss damage as a precondition to legal action for
41breach of contract against the insurer for its failure to pay
42the policyholder's claims covered by the policy.
45================ T I T L E  A M E N D M E N T =============
46     Remove line 101 and insert:
47under certain circumstances; amending s. 627.7015, F.S.;
48revising the purpose and scope of an alternative procedure for
49resolution of disputed property insurance claims to include
50commercial policies; providing an additional circumstance for
51excusing an insured from submitting to or participating in
52certain damage appraisal processes as a precondition to legal
53action; requiring the Auditor General

CODING: Words stricken are deletions; words underlined are additions.
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