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Extra-Contractual Liability Law
A. F.S. 627.70154 creates the right to include a mandatory binding arbitration endorsement under certain conditions.
4. Claim Handling Obligations/Homeowners Bill of Rights:
A. F.S. 627.70131 was amended to modify certain claim-handling obligations imposed on carriers and their adjusting staff. These include:
i. ii.
iii.
iv. v.
vi. vii.
viii. ix.
an insurer must now respond to communications within 7 days;
an insurer must now “begin such investigation as is reasonable” within 7 days of receiving a proof of loss;
an insurer must now conduct a physical inspection within 30 days of receiving a proof of loss;
an insurer may now use “electronic methods to investigate the loss”;
an insurer must now “send the policyholder a copy of any detailed estimate of the amount of loss within 7 days after the estimate is generated”;
an insurer must now keep specifically-outlined “claim records”;
The “factors beyond the control of the insurer” that extend certain deadlines are now defined;
An insurer must now pay or deny claims within 60 days of receiving notice; and
These requirements can be tolled in certain circumstances as defined in the statute.
B.
5. Assignments of Benefits:
A. F.S. 627.7152(13) eliminated policyholders’ ability to assign post-loss benefits under any residential or commercial property insurance policy (with certain exceptions).
B. The same section states that it applies to policies “issued on or after January 1, 2023” and that any attempt to assign benefits under such a policy will be “void, invalid, and
unenforceable.”
Michael K. Kiernan is the Managing Partner of Traub Lieberman Straus & Shrewsberry LLP’s St. Petersburg, FL office. Contact him at: mkiernan@tlsslaw.com. Ryan Jones is a Partner with Traub Lieberman Straus & Shrewsberry LLP. Ryan can be reached at: rjones@tlsslaw.com.
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FDCC ANNUAL FIVES 2023
In addition, s. 627.70132 was amended to reduce the time in which claims must be reported from 2 years to 1 year after the date of loss, and reduce the time to report a supplemental claim from 3 years to 18 months