The 2023 Florida Statutes (including Special Session C)
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. . . and the Kennedys filed this appeal following the denial of their motion for reconsideration Section 627.7015 . . . See, § 627.7015 (2) & (7) ; see also, Universal Prop. & Cas. Ins. Co. v. . . . Frontline's actions are in derogation of the salutary purpose of section 627.7015, i.e., to expeditiously . . . As we stated in Colosimo, section 627.7015 furthers the "particular need for an informal, nonthreatening . . . a dispute has arisen, an insurer may not demand appraisal under the policy and pursuant to section 627.7015 . . .
. . . Therefore, the presumption against retroactive application of the substantive amendments to section 627.7015 . . .
. . . See §§ 627.7015 & 627.7074, Fla. Stat. (2016). . . .
. . . Subsection 627.7015(7) provides that the insured is not required to participate in the appraisal process . . . As previously noted, subsection 627.7015(7) states that the insured is not required to participate in . . . State Farm filed an affidavit stating that it complied with subsection 627.7015(2)’s requirements by . . . Subsections 627.7015(2) and (9) must be read together. . . . The facts of this case do not meet any of the exceptions listed in subsection 627.7015(9). . . .
. . . evaluation is available to either party,” “supersedes the alternative dispute resolution process under s. 627.7015 . . . expressly states that “[n]eutral evaluation supersedes the alternative dispute resolution process under s. 627.7015 . . . Section 627.7015 discusses its “nonadversarial alternative dispute resolution procedure” as a substitute . . . There would be no need for neutral evaluation to supersede section 627.7015 if the two provided the same . . .
. . . In 1993, the Florida Legislature added section 627.7015 to the Florida Insurance Code. . . . The law provided in pertinent part: 627.7015. . . . (f) Right to legal counsel. § 627.7015, Fla. Stat. (1998). . . . . § 627.7015(7), Fla. Stat. (2005). . . . That rule, adopted pursuant to section 627.7015(4), states: “Within five days of the insured filing a . . .
. . . its own motion for summary judgment on its claim for declaratory relief asserting that under section 627.7015 . . . The trial court agreed with Schneider’s interpretation of section 627.7015 and rule 69J-2.003(10) and . . . Section 627.7015 provides an alternative procedure for resolution of disputed property insurance claims . . . reliance on such an administrative rule is error in that it improperly modifies and expands section 627.7015 . . . See id. at 394-95 (holding that section 627.7015 only contemplates a waiver of an appraisal when an insurer . . .
. . . Enacted in 1993, section 627.7015 provides an alternative procedure for resolution of disputed property . . . (citing § 627.7015(2), Fla. Stat. (1994 Supp.)). . . . Here, Gainey sought to enforce the following provision of section 627.7015(7) to preclude American from . . . However, the express language of section 627.7015(1) describes mediation as a viable option before an . . . Ass’n, 26 So.3d 610, 613 (Fla. 4th DCA 2009) (quoting § 627.7015(1) (emphasis added)). . . .
. . . In the view of Unlimited Restoration, section 627.7015(7), Florida Statutes (2008), rendered the appraisal . . . Section 627.7015 reads in pertinent part as follows: (2) At the time a first-party claim within the scope . . . circuit court affirmed the denial of the motion to dismiss or compel appraisal after examining section 627.7015 . . . Section 627.7015 contemplates a waiver of the appraisal process by the insurer under two conditions. . . . Section 627.7015(1), Florida Statutes, sets forth the purpose and scope of the statute. . . .
. . . State Farm argues that it did not violate section 627.7015 because there was never a “dispute between . . . an insurer and an insured relating to a material issue of fact.” § 627.7015(9), Fla. . . . Section 627.7015 provides for an alternative procedure for resolution of disputed property insurance . . . On appeal, the district court cites to the subsections of section 627.7015 set out above and Florida . . . The rule implements section 627.7015 and specifies that: 1. . . .
. . . Thus, we turn next to a discussion of the 2005 amendments to section 627.7015, Florida Statutes. . . . Section 627.7015, Florida Statutes Section 627.7015 was first enacted in 1993. . . . See § 627.7015(1), Fla. Stat. (1994 Supp.). . . . See § 627.7015(2), Fla. Stat. (1994 Supp.). . . . The stated effective date of the amendments to section 627.7015 was July 1, 2005. . . .
. . . See § 627.7015, Fla. Stat. (2009); Fla. Admin. Code R. 69-166.031. . . . Stat. § 627.7015(2). The statute squarely puts the responsibility of notification on the insurer. . . . In addition, Universal, produced no evidence that it had complied with section 627.7015. . . . See § 627.7015(2) & (7), Fla. Stat. (2009). . . . See § 627.7015(7). Accordingly, the trial court’s order denying Universal’s Motion is affirmed. . . .
. . . its right to an appraisal by participating in the lawsuit and also by failing to comply with section 627.7015 . . . Section 627.7015 establishes a mediation alternative for the handling of property insurance claims. . . . Upon receiving a claim, the insurer must notify the claimant of its right to mediation. § 627.7015(2) . . . It is undisputed that the notice provisions of section 627.7015(2) were not complied with in this case . . . One of the duties of the insurer was compliance with the provisions of section 627.7015. . . .
. . . This case turns on the applicability of section 627.7015, Florida Statutes (2005), to the terms of the . . . in the mediation program under” section 627.7015 “[a]t the time a first-party claim within the scope . . . of this section is filed.” § 627.7015(2), Fla. . . . If an insurer fails to comply with the section 627.7015(2) notice requirement, then the insured shall . . . FIGA is bound by Southern Family’s failure to give the section 627.7015 notice, so that section 627.7015 . . .
. . . St. § 627.7015(2). . . . Stat. § 627.7015(7). . . . Stat. § 627.7015(2).” DE 11, p. 2. . . . Stat. § 627.7015(2). This argument was not previously raised by Defendant. . . . Stat. § 627.7015(1). . . .
. . . The parties have twice submitted to the mediation program offered under Florida Statutes, section 627.7015 . . . because QBE never notified Dome of its right to participate in the mediation program set out in section 627.7015 . . . Section 627.7015(7) states that if the insurer fails to notify the insured of its right to participate . . . Stat. § 627.7015(2). The statute squarely puts the responsibility of notification on the insurer. . . .
. . . Florida Select rejected his demand and offered to mediate the matter pursuant to section 627.7015, Florida . . .