• Changes Proposed for Florida Rules on Alternative Procedure for Resolution of Disputed Sinkhole Insurance Claims
  • April 21, 2015
  • Law Firm: Colodny Fass P.A. - Fort Lauderdale Office
  • Portions of Rule Chapter 69J-8, F.A.C. entitled "Alternative Procedure for Resolution of Disputed Sinkhole Insurance Claims" have been proposed for revision, the Florida Department of Financial Services' ("DFS") Division of Consumer Services announced on April 10, 2015.

    The Rules that would be affected are:

    69J-8.002 Definitions
    69J-8.004 Qualification and Certification of Neutral Evaluators
    69J-8.006 Notice of Program
    69J-8.007 Request for Evaluation
    69J-8.008 Selection of Neutral Evaluator
    69J-8.009 Evaluation Process

    Specifically, the proposed rulemaking would:
    • Repeal Rule 69J-8.004, F.A.C., because it is not needed, since the standards for neutral evaluators are now in section 627.7074, F.S.
    • Amend Subsection 69J-8.008(2), F.A.C. to require insurers to contact claimants within three (3) business days of notice of a request for neutral evaluation, and copy the DFS on the correspondence to the claimant
    • Add Subsection (9) of section 69J-8.008, F.A.C. to impose a duty on neutral evaluators to disclose conflicts of interest within three (3) business days of assignment
    • Add Subsection (5) 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 are also made.
    If requested by May 1, 2015, a hearing has been scheduled for May 12 in Tallahassee. If no request is made, a hearing will not be held.