FPCA Homeowners Division Members: Update on SB 408 Provisions Pertaining to Neutral Evaluators

Sep 22, 2011

 

Florida Property and Casualty Association Homeowners Division Members:

Many of you have seen the attached advisory letter from the Florida Department of Financial Services to neutral evaluators regarding administering certain statutory provisions that were clarified in SB 408. 

As you may recollect, questions regarding retroactive application of certain definitions were highly controversial during the last few days of the 2011 Legislative Session.  Yesterday evening, several insurance representatives met with Florida CFO Jeff Atwater to express concern that the advisory letter could cause confusion in claims handling, as well as provide fodder for plaintiffs’ attorneys when issues regarding retroactivity are litigated.  CFO Atwater was unaware of the letter, but assured us that he understood the concern and would look into the issue. 

We will follow up with the CFO and his staff and decide a course of action after they fully analyze the issue.

 

Should you have any questions or comments, please contact Katie Webb (kwebb@cftlaw.com) at Colodny Fass.

 

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