House Bill 1087 amends section 627.7015 of the Florida Statutes to establish a mandatory procedure for resolving disputed property insurance claims, replacing the previous alternative procedure. Insurers are required to inform policyholders about this new mandatory process at the time of policy issuance, renewal, and during a state of emergency. The Department of Financial Services will create a consumer information pamphlet to educate policyholders on their rights and the new claims process. The bill allows policyholders to file a petition with the Division of Administrative Hearings, detailing specific requirements for both the petition and the insurer's response. It also revises the definition of "claim" to clarify the types of disputes covered, excluding those related to suspected fraud or misrepresentation, and repeals several existing statutes concerning appraisal clauses and mediation.

Furthermore, the bill introduces section 627.70156, which designates the homeowner's insurance policy as the primary insurance in cases where a homeowner has both a homeowner's policy and a separate windstorm or flood insurance policy. This primary insurer is responsible for paying the insured's loss according to the homeowner's policy terms and can seek subrogation from other insurers. The bill also modifies the dispute resolution processes for the Citizens Property Insurance Corporation, allowing for alternative methods and clarifying that certain policies are exempt from previous regulations. Additionally, it changes the tolling period for insurers' duties to acknowledge claims, replacing references to mediation with the broader term "proceeding." The changes aim to streamline the claims process and clarify the roles of different insurance policies, with an effective date set for July 1, 2025.

Statutes affected:
H 1087 Filed: 627.7015, 627.351, 627.70131, 627.7074