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FL H0761

Bill

Status

Failed

3/9/2012

Primary Sponsor

Frank Artiles

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

HB 761 Summary

  • Requires Citizens Property Insurance Corporation to adopt policy forms establishing procedures for property loss appraisal when the insured and corporation disagree on actual cash value, loss amount, or repair/replacement costs.

  • Either party may demand appraisal by written notice; corporation can only refuse if insured materially fails to comply with proof-of-loss obligations, and corporation waives appraisal rights if not invoked within 30 days of substantial proof-of-loss compliance.

  • Each party selects a competent appraiser within 20 days of appraisal demand; appraisers select an umpire within 15 days, or either party may petition county or circuit court to designate one if agreement cannot be reached.

  • Appraisal proceedings are informal (no formal discovery, rules of evidence, or court reporter) unless parties mutually agree otherwise; each appraiser submits written report within 60 days (120 days for large commercial or hurricane-related claims), and unresolved differences are submitted to umpire for binding determination.

  • Appraisal award is binding on both parties regarding loss amount; corporation pays all appraisal costs if final determination exceeds pre-appraisal estimate by 50 percent or more; Florida Arbitration Code applies only to specific procedural provisions, and appraisal process cannot address coverage issues but may consider causation when necessary.

Legislative Description

Property Loss Appraisals

Last Action

Died in Insurance and Banking Subcommittee

3/9/2012

Committee Referrals

Insurance And Banking Subcommittee12/12/2011

Full Bill Text

No bill text available