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FL H0761
Bill
Status
3/9/2012
Primary Sponsor
Frank Artiles
Click for details
AI Summary
HB 761 Summary
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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.
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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.
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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.
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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.
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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