During the 2021 Florida legislative session, the Florida Senate passed Senate Bill (SB) 76 as part of the legislature’s continuing efforts to reform the property insurance industry in the State of Florida to protect its citizens and consumers. While one of the main drivers for SB 76 was to curb predatory solicitation practices with respect... Read More
During the 2021 Florida legislative session, the Florida Senate passed Senate Bill (SB) 76 as part of the legislature’s continuing efforts to reform the property insurance industry in the State of Florida to protect its citizens and consumers. While one of the main drivers for SB 76 was to curb predatory solicitation practices with respect to roofers and contractors, SB 76 impacts the handling and litigation of all property insurance claims.
With respect to roofers and contractor practices, this new law specifically addresses the pervasive problem of solicitation by these types of entities and individuals. The new law will prohibit: (1) advertisements by contractors that encourage, induce or instruct a consumer to contact a contractor or public adjuster to make an insurance claim for roof damage on the consumer’s behalf; (2) solicitation by contractors, including in-person and electronic solicitation (phone, e-mail, text, etc.); and, (3) contractors from offering residence property owners inducements such as gift cards, cash, rebates or coupons in exchange for allowing the contractor to inspect the roof or to file a roof claims with the consumer’s insurer.
As to all types of property insurance claims, SB 76 sets forth a new notice requirement with respect to initial, re-opened and supplemental claims. As for initial and re-opened claims, SB 76 now requires that notice of such claims be provided to the insurer within 2 years after the date of loss. However, notice of a supplemental claim must be provided to the insurer within 3 years after the date of loss or it is barred.
Of the new requirements of SB 76, the one likely to have a more widespread impact on the increasing number of property insurance claim lawsuits is the new pre-suit notice requirement. Unlike in the past, SB 76 now demands that a claimant must provide a written notice of intent to initiate litigation to the insurer at least 10 business days before filing suit under the insurance policy; however, the claimant cannot serve this notice until after the insurer has determined of coverage. This pre-suit notice must on a form provided by the Department of Financial Services and include an itemization of the claimed damages, including attorney’s fees, to allow an opportunity for the insurer to evaluate the dispute. If a claimant fails to comply with this pre-suit notice requirement, a Court is permitted to dismiss a lawsuit without prejudice.
Once a claimant has its written pre-suit notice of intent to initiate litigation, SB 76 places a requirement on the insurer to review and evaluate the dispute and respond in writing within 10 business days after receiving the notice. In a previously denied claim, an insurer may respond by accepting coverage, continuing to deny coverage or by a-serting a right to re-inspect the subject property. If an insurer elects to re-inspect the property, it has 14 business days from its initial response to accept coverage or to stand by its denial. Once a claim denial is confirmed, the claimant may file a lawsuit without any further notice to the insurer.
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