House Bill 1087 amends Florida's insurance laws by establishing a mandatory procedure for resolving disputed property insurance claims, replacing the previous alternative process. The bill requires insurers to inform policyholders about this new mandatory process at the time of policy issuance and renewal, and mandates the Department of Financial Services to create a consumer information pamphlet. Policyholders will now have the ability to file a petition with the Division of Administrative Hearings to resolve claims, with specific requirements for the petition's content and service. Insurers are obligated to pay claims or respond to petitions within a designated timeframe. The bill also repeals several existing statutes related to appraisal clauses and alternative dispute resolution, introduces a new definition of "claim," and specifies that the dismissal of any petition is without prejudice.

In addition to these changes, the bill repeals Sections 627.70151 through 627.70154 and introduces Section 627.70156, which designates the homeowner's insurance policy as primary when a homeowner has both a homeowner's insurance policy and a separate windstorm or flood insurance policy. This primary insurer is responsible for paying the insured's loss and can seek subrogation from other insurance providers. The bill also modifies the dispute resolution processes for the Citizens Property Insurance Corporation, updates the tolling period for insurers' duties regarding claims communications, and revises procedures for sinkhole insurance claims to ensure policyholders are aware of their rights to participate in a neutral evaluation program. The act is set to take effect on July 1, 2025.

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