Amended Rules on Florida Disputed Sinkhole Insurance Claim Neutral Evaluators Effective July 29, 2015
Jul 16, 2015
Above: Colodny Fass Insurance Lawyer Sharlee Hobbs Edwards Notes July 29 Effective Date of Amended Florida Regulations Relating to Disputed Sinkhole Insurance Claim Neutral Evaluators
Amended Rules relating to alternative procedure for the resolution of disputed sinkhole insurance claims will become effective on July 29, 2015, the Florida Department of Financial Services’ (“DFS”) Division of Consumer Services (“DCS”) has advised.
The newly adopted Rules are:
- 69J-8.004 Qualification and Certification of Neutral Evaluators (Repealed)
- 69J-8.006 Notice of Program
- 69J-8.007 Request for Evaluation
- 69J-8.008 Selection of Neutral Evaluator
- 69J-8.009 Evaluation Process
The DCS explained that Rule 69J-8.004, F.A.C. has been repealed, since the standards for sinkhole neutral evaluators are now in section 627.7074, F.S. and the Rule is no longer needed.
Subsection 69J-8.008(2), F.A.C. was amended to require insurers to contact claimants within three business days of notice of a request for neutral evaluation, as well as copy the DFS on the correspondence to the claimant.
Subsection (9) of section 69J-8.008, F.A.C. was added to impose a duty on sinkhole neutral evaluators to disclose conflicts of interest within three business days of an assignment.
Subsection (5) was added 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 were also made.
Of note, the DCS confirmed that no changes were made to Rule 69J-8.002, F.A.C., entitled “Definitions.”
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