“Bill of Rights” Legislation Planned for Floridians Submitting Homeowners Insurance Claims By Tod Aronovitz | 03/26/14 | 0 Comment

Florida homeowners seeking a simplified way to navigate the insurance process in the event of damage or loss to their homes may find some much-needed relief in the near future. The Florida Senate has been working on Senate Bill 708, which has passed its final committee in this legislative session.

According to a recent Claims Journal article, this legislation most notably creates a Homeowners Claims Bill of Right that relays consumers’ rights and responsibilities when filing a homeowners insurance claim, as well as providing additional consumer safeguards that address uncertainties and frustrations that Floridians often experience in the process.

According to an op-ed piece in the Pensacola News Journal by Chief Financial Officer Jeff Atwater, the proposed Bill of Rights is a commitment to ensure that homeowners insurance claims are met in accordance with the law.  The one-page document tells homeowners—in simple language—their rights, expectations and timetables, and will steer policyholders in the right direction during their time of emotional and financial distress.

In summary, the Homeowners Claims Bill of Rights:

  • Will be required to be provided to any policyholder who files a claim
  • Will reference current Florida law regarding claims handling in order to provide the policyholder with information of their rights in the claims process
  • Will inform policyholders of what the expectations should be in the process
  • Will provide advice on the next steps to take in the process
  • Will eliminate post-claim underwriting by requiring insurers to complete the underwriting process in 90 days or less
  • Will prohibit insurers from denying a claim and/or canceling a policy based on the insured’s credit information after their policy has been in force for 90 days or longer
  • Will require that mitigation, repair and restoration work paid for by insurance proceeds be performed by an individual or company possessing a valid certification or license
  • Will ensure appraisal umpire impartiality
  • Will provide the Department of Financial Services the ability to remove and discipline mediators who engage in inappropriate behavior

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The Miami product liability law firm of ARONOVITZ LAW pursues justice for citizens across Florida who have been injured by the wrongful actions or omissions of another individual, government agency, or corporation. We can assist you with civil litigation including consumer class action litigation, whistleblower cases, medical malpractice, product liability, and wrongful death cases.

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