Understanding Florida’s Prompt Pay Laws For Property Insurance Claims

In an effort to protect homeowners and ensure a fair and efficient claims process for property insurance claims, Florida Senate Bill 2A introduced significant amendments to Section 627.70131 of the Florida Statutes. These changes aim to enhance the prompt pay laws for property insurance claims, providing homeowners with greater peace of mind during challenging times. This blog post provides a comprehensive overview of the key provisions of this statute, highlighting the obligations placed on the insurers and the rights granted to policyholders.

Timely Communication

Under the amended statute, insurers are now required to acknowledge a claim or respond to any communication from the policyholder within 7 days, reduced from the previous 14-day requirement. This shortened timeframe emphasizes the importance of prompt communication, enabling policyholders to receive timely updates on their claims and facilitating a smoother claims process.

Moreover, to enhance transparency and keep policyholders informed, insurers are now required to provide a copy of the adjuster’s report estimating the loss to the policyholder within 7 days of its creation. This provision allows policyholders to review and understand the basis for the insurer’s determination, promoting transparency and open communication throughout the claims process.

Expedited Investigations and Inspections

Insurers must now begin investigations within 7 days of receiving the proof-of-loss statement, down from the previous 14-day period. Additionally, insurers must complete physical inspections within 30 days, reduced from the previous 45-day requirement. These provisions expedite the investigation process and ensure that policyholders receive timely assessments of their claims.

Timely Payment or Denial

The statute reduces the time for insurers to pay or deny a claim, or a portion of the claim, from 90 days to 60 days. However, the Florida Office of Insurance Regulation (OIR) can extend this period up to 30 additional days if circumstances beyond the insurer’s control prevent timely payment. This provision strikes a balance between ensuring prompt claim resolution and accounting for exceptional situations that may delay payment processing.

Electronic Methods

Recognizing the benefits of modern technology, the amended statute allows insurers to use electronic methods, such as photographs, video recordings, and drones, to investigate losses reported in a claim. By embracing these technologies, insurers can conduct thorough investigations more efficiently, reducing the need for extensive physical inspections and expediting the claims process.

Record Keeping

The statute also mandates insurers to maintain detailed records of claim-related communications, proof-of-loss statements, inspection reports, requests for information, and other relevant documentation. This requirement ensures transparency and provides a clear record of the claim resolution process.

Conclusion

Florida Senate Bill 2A, with its amendments to Section 627.70131 of the Florida Statutes, aims to enhance prompt pay laws for property insurance claims. By streamlining communication, expediting investigations and physical inspections, embracing technology, and emphasizing transparency and timely payment, the bill strengthens consumer protection and ensures a fair and efficient claims process for homeowners. As a result, Florida’s homeowners can now expect a smoother and more transparent resolution of their property insurance claims.