627.7142 Homeowner Claims Bill of Rights
The Florida Homeowner Claims Bill of Rights is language being proposed in both the Florida House and Senate in 2014.House Bill HB 759 andSenate Bill SB 708 contains this language. If passed, this bill will assist the policyholder in understanding some of their rights and responsibilities referenced in their insurance policy.
Homeowner Claims Bill of Rights
This Bill of Rights is specific to the claims process and does not represent all of your rights under Florida lawregarding your policy. There are alsoexceptions to the stated timelines when conditions arebeyond your insurance company's control. This document does not create a civil cause of action by an individual policyholder, or a class of policyholders, against an individual insurer.
YOU HAVE THE RIGHT TO:
1. Receive from your insurance company an acknowledgment of your reported claim within 14 days after the time you communicated the claim, along with necessary claim forms, including a proof-of-loss form, instructions, and appropriate, up-to-date contact information.
2. Upon written request, receive from your insurance company within 30 days after you have completed a proof-of-loss statement to your insurance company, confirmation that your claim is coveredin full, partially covered, or denied, or receive a written statement that your claim is being investigated.
3. Within 90 days, receive full settlement payment for your claim or payment of the undisputed portion of your claim, or your insurance company'sdenial of your claim.
4. Free mediation of your disputed claim by the Division of Consumer Services, under most circumstances and subject to certain restrictions.
5. Neutral evaluation of your disputed claim, if yourclaim is for damage caused by a sinkhole and is covered by your policy.
6. Contact the Florida Department of Financial Services Division of Consumer Services' toll-free helpline for assistance with any insurance claim or questions pertaining to the handling of your claim. You can reach the Helpline by phone at...toll free phone number..., or you can seek assistance online at the Florida Department of Financial Services Division of Consumer Services' website at...website address....
YOU ARE ADVISED TO:
1. Contact your insurance companybefore entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors.
2. Make and document emergency repairs that are necessary to prevent further damage. Keep the damaged property, if feasible, keepall receipts, and take photographs of damage before and after any repairs.
3. Carefully read any contract that requires you to pay out-of-pocket expenses or a fee that is based on a percentage of the insurance proceeds that you will receive for repairing or replacing your property.
4. Confirm that the contractor you choose is licensed to do business in Florida. You can verify a contractor's license and check to see if there are any complaints against him or her by calling the Florida Department of Business and Professional Regulation. You should also ask the contractor for references from previous work.
5. Require all contractors to provide proof of insurance before beginning repairs.
6. Take precautions if the damage requires you to leave your home, including securing your property and turning off your gas, water, and electricity, and contacting your insurance company and provide a phone number where you can be reached.