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The 2025 Florida Statutes
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F.S. 627.7015627.7015 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 627.7015
Total Results: 22
67 So. 3d 187, 36 Fla. L. Weekly Supp. 311, 2011 Fla. LEXIS 1526, 2011 WL 2566399
Supreme Court of Florida | Filed: Jun 30, 2011 | Docket: 434989
Cited 48 times | Published
as Southern Family, by a 2005 amendment to section 627.7015, Florida Statutes, a provision of the Florida
727 So. 2d 1131, 1999 Fla. App. LEXIS 3082, 1999 WL 140538
District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 1730087
Cited 12 times | Published
offered to mediate the matter pursuant to section 627.7015, Florida Statutes (1995), and Rule 4-166.031
187 So. 3d 932, 2016 Fla. App. LEXIS 4529, 2016 WL 1128489
District Court of Appeal of Florida | Filed: Mar 23, 2016 | Docket: 3046937
Cited 5 times | Published
the mediation notification requirements of section 627.7015 and that State Farm’s voluntary payment after
577 F. Supp. 2d 1256, 2008 U.S. Dist. LEXIS 90769, 2008 WL 4294396
District Court, S.D. Florida | Filed: Sep 16, 2008 | Docket: 985662
Cited 5 times | Published
mediation program offered under Florida Statutes, section 627.7015 in December 2006 and August 2007. Although
136 So. 3d 670, 2014 WL 340670, 2014 Fla. App. LEXIS 1180
District Court of Appeal of Florida | Filed: Jan 31, 2014 | Docket: 60240056
Cited 3 times | Published
process under s. 627.7015.” § 627.7074(3). Section 627.7015 discusses its “nonadversarial alternative
61 So. 3d 1241, 2011 Fla. App. LEXIS 7575, 2011 WL 2031332
District Court of Appeal of Florida | Filed: May 25, 2011 | Docket: 2362850
Cited 2 times | Published
to comply with section 627.7015, Florida Statutes (2009). We affirm.
Section 627.7015 sets forth an alternative
26 So. 3d 610, 2009 Fla. App. LEXIS 18422, 2009 WL 4283083
District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1638794
Cited 2 times | Published
failed to comply with the notice requirement of section 627.7015(2), Florida Statutes (2005), so that the insured
33 So. 3d 48, 2009 Fla. App. LEXIS 18423, 2009 WL 4283084
District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1649428
Cited 2 times | Published
lawsuit and also by failing to comply with section 627.7015, Florida Statutes. We hold that FIGA is precluded
106 So. 3d 997, 2013 WL 616602, 2013 Fla. App. LEXIS 2620
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228531
Cited 1 times | Published
right to participate in mediation, pursuant to section 627.7015, Florida Statutes (2009). After completing
84 So. 3d 390, 2012 WL 966642, 2012 Fla. App. LEXIS 4589
District Court of Appeal of Florida | Filed: Mar 23, 2012 | Docket: 60306720
Cited 1 times | Published
policy. In the view of Unlimited Restoration, section 627.7015(7), Florida Statutes (2008), rendered the
District Court of Appeal of Florida | Filed: Nov 25, 2024 | Docket: 69409496
Published
specifically states that the
amendments to section 627.7015 are to be effective July 1, 2005.
See ch.2005–111
District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290560
Published
The court
concluded that the amendments to “section 627.7015 as amended in 2005
cannot be characterized
District Court of Appeal of Florida | Filed: Jan 8, 2024 | Docket: 68034713
Published
potential
retroactive effect of a modification to section 627.7015, Fla. Stat. (2005), which
expanded the scope
District Court of Appeal of Florida | Filed: Nov 22, 2023 | Docket: 67718527
Published
statutory amendments to an insurance
statute, section 627.7015, Florida Statutes. See id. at 190–91. The
District Court of Appeal of Florida | Filed: May 10, 2023 | Docket: 67359016
Published
right to participate in mediation pursuant to
section 627.7015, Florida Statutes (2021). We disagree and
271 So. 3d 106
District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618610
Published
of their right to mediate, as mandated by Section
627.7015, Florida Statutes (2018). That
257 So. 3d 521
District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989232
Published
application of
the substantive amendments to section 627.7015 applies in this case.” Id. Only after
determining
District Court of Appeal of Florida | Filed: Nov 18, 2015 | Docket: 3013613
Published
notification requirements of section 627.7015(2), Florida
Statutes (2012). Section 627.7015(7) provides that the
104 So. 3d 1115, 2012 WL 5499987, 2012 Fla. App. LEXIS 19701
District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60227293
Published
for declaratory relief asserting that under section 627.7015(7), Florida Statutes (2005), and Florida Administrative
100 So. 3d 720, 2012 WL 4465519, 2012 Fla. App. LEXIS 16470
District Court of Appeal of Florida | Filed: Sep 28, 2012 | Docket: 60225927
Published
provided the statutory notice of mediation under section 627.7015, Florida Statutes (2010).
In January 2011
77 So. 3d 210, 2011 Fla. App. LEXIS 17370, 2011 WL 5170298
District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 60304670
Published
Farm failed to comply with the requirement in section 627.7015, Florida Statutes (2007), of notifying her
650 F. Supp. 2d 1208, 2009 U.S. Dist. LEXIS 85392, 2009 WL 2868843
District Court, S.D. Florida | Filed: Apr 20, 2009 | Docket: 2378799
Published
against them by failing to abide by Florida Statute § 627.7015(2). Florida law requires Insurance companies
