Insurance and Mediation

Fernando Subirats v. Fidelity National Property, 38 Fla. L. Weekly D396a, Case No. 3D12-68, filed February 20, 2013: The Department of Financial Services was found to have exceeded its rulemaking authority by enacting Rule 69J-166.031, F.A.C., requiring an insurer to notify its insured within five (5) days of receiving a claim of the right to participate in a state-sponsored mediation program, failing which the insurer waived his or her right to enforce a policy appraisal provision. The court found that subsection (4) of s. 627.7015, F. S., requiring the creation of a property insurance mediation program, did not include the rulemaking authority to provide for a wavier of this right, and affirmed the trial court’s order staying litigation of the breach of contract claim until the parties complete the appraisal process. (from RPPTL Construction Regulation Subcommittee Monthly Report).

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