Florida Statutes
Fla. Stat. § 627.7015 (2025)
Alternative procedure for resolution of disputed property insurance claims.
✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 627.7015 (2025)
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627.7015 Alternative procedure for resolution of disputed property insurance claims.—
(1) This section sets forth a nonadversarial alternative dispute resolution procedure for a mediated claim resolution conference prompted by the need for effective, fair, and timely handling of property insurance claims. There is a particular need for an informal, nonthreatening forum for helping parties who elect this procedure to resolve their claims disputes because most homeowner and commercial residential insurance policies obligate policyholders to participate in a potentially expensive and time-consuming adversarial appraisal process before litigation. The procedure set forth in this section is designed to bring the parties together for a mediated claims settlement conference without any of the trappings or drawbacks of an adversarial process. Before resorting to these procedures, policyholders and insurers are encouraged to resolve claims as quickly and fairly as possible. This section is available with respect to claims under personal lines and commercial residential policies before commencing the appraisal process, or before commencing litigation. Mediation may be requested only by the policyholder, as a first-party claimant, a third-party, as an assignee of the policy benefits, or the insurer. However, an insurer is not required to participate in any mediation requested by a third-party assignee of the policy benefits. If requested by the policyholder, participation by legal counsel is permitted. Mediation under this section is also available to litigants referred to the department by a county court or circuit court. This section does not apply to commercial coverages, to private passenger motor vehicle insurance coverages, or to disputes relating to liability coverages in policies of property insurance.
(2) At the time of issuance and renewal of a policy or at the time a first-party claim within the scope of this section is filed by the policyholder, the insurer shall notify the policyholder of its right to participate in the mediation program under this section. A claim becomes eligible for mediation after the insurer complies with s. 627.70131(7) or elects to reinspect pursuant to s. 627.70152(4)(a)3. If the insurer has not complied with s. 627.70131(7) or elected to reinspect pursuant to s. 627.70152(4)(a)3. within 90 days after notice of the loss, the insurer may not require mediation under this section. This subsection does not impair the right of an insurance company to request mediation after a determination of coverage pursuant to this section or require appraisal or another method of alternative dispute resolution pursuant to s. 627.70152(4)(b). The department shall prepare a consumer information pamphlet for distribution to persons participating in mediation.
(3) The costs of mediation must be reasonable, and the insurer must bear all of the cost of conducting mediation conferences, except as otherwise provided in this section. If a policyholder fails to appear at the conference, the conference must be rescheduled upon the policyholder’s payment of the costs of a rescheduled conference. If the insurer fails to appear at the conference, the insurer must pay the policyholder’s actual cash expenses incurred in attending the conference if the insurer’s failure to attend was not due to a good cause acceptable to the department. An insurer will be deemed to have failed to appear if the insurer’s representative lacks authority to settle the full value of the claim. The insurer shall incur an additional fee for a rescheduled conference necessitated by the insurer’s failure to appear at a scheduled conference. The fees assessed by the department must include a charge necessary to defray the expenses of the department related to its duties under this section and must be deposited in the Insurance Regulatory Trust Fund. The department may suspend the insurer’s authority to appoint licensees if the insurer does not timely pay the required fees.
(4) The department shall adopt by rule a property insurance mediation program to be administered by the department or its designee. The department may also adopt special rules which are applicable in cases of an emergency within the state. The rules shall be modeled after practices and procedures set forth in mediation rules of procedure adopted by the Supreme Court. The rules shall provide for:
(a) Reasonable requirement for processing and scheduling of requests for mediation.
(b) Qualifications, denial of application, suspension, revocation of approval, and other penalties for mediators as provided in s. 627.745 and the Florida Rules for Certified and Court-Appointed Mediators.
(c) Provisions governing who may attend mediation conferences.
(d) Selection of mediators.
(e) Criteria for the conduct of mediation conferences.
(f) Right to legal counsel.
(5) All statements made and documents produced at a mediation conference shall be deemed to be settlement negotiations in anticipation of litigation within the scope of s. 90.408. All parties to the mediation must negotiate in good faith and must have the authority to immediately settle the claim. Mediators are deemed to be agents of the department and shall have the immunity from suit provided in s. 44.107.
(6)(a) Mediation is nonbinding; however, if a written settlement is reached, the policyholder has 3 business days within which the policyholder may rescind the settlement unless the policyholder has cashed or deposited any check or draft disbursed to the policyholder for the disputed matters as a result of the conference. If a settlement agreement is reached and is not rescinded, it is binding and acts as a release of all specific claims that were presented in that mediation conference.
(b) At the conclusion of the mediation, the mediator shall provide a written report of the results of mediation, including any settlement amount, to the insurer, the policyholder, and the policyholder’s representative if the policyholder is represented at the mediation.
(7) If the insurer fails to comply with subsection (2) by failing to notify a policyholder of its right to participate in the mediation program under this section or if the insurer requests the mediation, and the mediation results are rejected by either party, the policyholder is not required to submit to or participate in any contractual loss appraisal process of the property loss damage as a precondition to legal action for breach of contract against the insurer for its failure to pay the policyholder’s claims covered by the policy.
(8) The department may designate an entity or person to serve as administrator to carry out any of the provisions of this section and may take this action by means of a written contract or agreement.
(9) For purposes of this section, the term “claim” refers to any dispute between an insurer and a policyholder relating to a material issue of fact other than a dispute:
(a) With respect to which the insurer has a reasonable basis to suspect fraud;
(b) When, based on agreed-upon facts as to the cause of loss, there is no coverage under the policy;
(c) With respect to which the insurer has a reasonable basis to believe that the policyholder has intentionally made a material misrepresentation of fact which is relevant to the claim, and the entire request for payment of a loss has been denied on the basis of the material misrepresentation;
(d) With respect to which the amount in controversy is less than $500, unless the parties agree to mediate a dispute involving a lesser amount; or
(e) With respect to a loss that does not comply with s. 627.70132.
History.—s. 20, ch. 93-410; s. 1186, ch. 2003-261; s. 2, ch. 2003-267; s. 2, ch. 2003-281; s. 15, ch. 2005-111; s. 14, ch. 2012-151; s. 4, ch. 2014-86; s. 28, ch. 2014-123; s. 8, ch. 2018-131; s. 15, ch. 2019-108; s. 28, ch. 2019-140; s. 11, ch. 2021-77; s. 35, ch. 2023-144.
Notes of Decisions
Cited in 26
cases (6 in the last 5 years), 1999–2024 · leading case: Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n
Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n (2011)
“” 3 Devon objected to being required to participate in the appraisal process because it had not been provided notice of the availability of mediation — a notice requirement that was imposed on commercial residential insurers, such as Southern Family, by a 2005 amendment to…”
State Farm Florida Insurance Company v. Lime Bay Condominium, Inc. (2016)
“Therefore, State Farm did not breach the contract. , The trial court denied State Farm’s motion and granted Lime Bay’s motion.”
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY v. Colosimo (2011)
“” Fla. Stat. § 627.7015 (2). The statute squarely puts the responsibility of notification on the insurer.”
Florida Insurance Guaranty Ass'n v. Shadow Wood Condominium Ass'n (2009)
“This case turns on the applicability of section 627.7015, Florida Statutes (2005), to the terms of the Southern Family policy.”
Florida Insurance Guaranty v. Devon Neighborhood Ass'n (2009)
“Devon claimed that FIGA had waived its right to an appraisal by participating in the lawsuit and also by failing to comply with section 627.7015, Florida Statutes. We hold that FIGA is precluded from asserting its right to compel the appraisal process by failing to provide the…”
QBE Ins. Corp. v. DOME CONDOMINIUM ASS'N, INC. (2008)
“” Fla. Stat. § 627.7015 (2). The statute squarely puts the responsibility of notification on the insurer.”
American Integrity Insurance Co. of Florida v. Gainey (2012)
“In this correspondence, American provided the statutory notice of mediation under section 627.7015, Florida Statutes (2010).”
Subirats v. Fidelity National Property (2013)
“§ 627.7015, Fla. Stat. (1998). Failure to give notice excuses an insured from participating in any contractual loss appraisal process.”
Gassman v. State Farm Florida Insurance Co. (2011)
“Gassman argues that the trial court erred in granting the stay because State Farm failed to comply with the requirement in section 627.7015, Florida Statutes (2007), of notifying her of her right to participate in mediation when an insured files a first party claim for the…”
State Farm Florida Insurance v. Unlimited Restoration Specialists, Inc. (2012)
“Section 627.7015 reads in pertinent part as follows: (2) At the time a first-party claim within the scope of this section is filed, the insurer shall notify all first-party claimants of their right to participate in the mediation program under this section .”
Citizens Property Insurance Corp. v. Trapeo (2014)
“Section 627.7015 discusses its “nonadversarial alternative dispute resolution procedure” as a substi *680 tute for litigation where the dispute is resolved or as a precursor to litigation where it is not.”
Kennedy v. First Protective Ins. Co. (2019)
“The trial court granted the motion, and the Kennedys filed this appeal following the denial of their motion for reconsideration Section 627.7015 sets forth an alternative mediation procedure for the resolution of disputed property insurance claims.”
— 627.7015(1) — 10 cases
Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n (2011)
“” 3 Devon objected to being required to participate in the appraisal process because it had not been provided notice of the availability of mediation — a notice requirement that was imposed on commercial residential insurers, such as Southern Family, by a 2005 amendment to…”
Florida Insurance Guaranty Ass'n v. Shadow Wood Condominium Ass'n (2009)
“This case turns on the applicability of section 627.7015, Florida Statutes (2005), to the terms of the Southern Family policy.”
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY v. Colosimo (2011)
“” Fla. Stat. § 627.7015 (2). The statute squarely puts the responsibility of notification on the insurer.”
American Integrity Insurance Co. of Florida v. Gainey (2012)
“In this correspondence, American provided the statutory notice of mediation under section 627.7015, Florida Statutes (2010).”
State Farm Florida Insurance v. Unlimited Restoration Specialists, Inc. (2012)
“Section 627.7015 reads in pertinent part as follows: (2) At the time a first-party claim within the scope of this section is filed, the insurer shall notify all first-party claimants of their right to participate in the mediation program under this section .”
— 627.7015(2) — 13 cases
State Farm Florida Insurance Company v. Lime Bay Condominium, Inc. (2016)
“Therefore, State Farm did not breach the contract. , The trial court denied State Farm’s motion and granted Lime Bay’s motion.”
Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n (2011)
“” 3 Devon objected to being required to participate in the appraisal process because it had not been provided notice of the availability of mediation — a notice requirement that was imposed on commercial residential insurers, such as Southern Family, by a 2005 amendment to…”
Florida Insurance Guaranty Ass'n v. Shadow Wood Condominium Ass'n (2009)
“This case turns on the applicability of section 627.7015, Florida Statutes (2005), to the terms of the Southern Family policy.”
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY v. Colosimo (2011)
“” Fla. Stat. § 627.7015 (2). The statute squarely puts the responsibility of notification on the insurer.”
Florida Insurance Guaranty v. Devon Neighborhood Ass'n (2009)
“Devon claimed that FIGA had waived its right to an appraisal by participating in the lawsuit and also by failing to comply with section 627.7015, Florida Statutes. We hold that FIGA is precluded from asserting its right to compel the appraisal process by failing to provide the…”
— 627.7015(4) — 1 case
Subirats v. Fidelity National Property (2013)
“§ 627.7015, Fla. Stat. (1998). Failure to give notice excuses an insured from participating in any contractual loss appraisal process.”
— 627.7015(7) — 14 cases
Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n (2011)
“” 3 Devon objected to being required to participate in the appraisal process because it had not been provided notice of the availability of mediation — a notice requirement that was imposed on commercial residential insurers, such as Southern Family, by a 2005 amendment to…”
State Farm Florida Insurance Company v. Lime Bay Condominium, Inc. (2016)
“Therefore, State Farm did not breach the contract. , The trial court denied State Farm’s motion and granted Lime Bay’s motion.”
Florida Insurance Guaranty Ass'n v. Shadow Wood Condominium Ass'n (2009)
“This case turns on the applicability of section 627.7015, Florida Statutes (2005), to the terms of the Southern Family policy.”
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY v. Colosimo (2011)
“” Fla. Stat. § 627.7015 (2). The statute squarely puts the responsibility of notification on the insurer.”
American Integrity Insurance Co. of Florida v. Gainey (2012)
“In this correspondence, American provided the statutory notice of mediation under section 627.7015, Florida Statutes (2010).”
— 627.7015(9) — 3 cases
State Farm Florida Insurance Company v. Lime Bay Condominium, Inc. (2016)
“Therefore, State Farm did not breach the contract. , The trial court denied State Farm’s motion and granted Lime Bay’s motion.”
Gassman v. State Farm Florida Insurance Co. (2011)
“Gassman argues that the trial court erred in granting the stay because State Farm failed to comply with the requirement in section 627.7015, Florida Statutes (2007), of notifying her of her right to participate in mediation when an insured files a first party claim for the…”
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