Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69J - Division of Consumer Services › Chapter 69J-8 - ALTERNATIVE PROCEDURE FOR RESOLUTION OF DISPUTED SINKHOLE INSURANCE CLAIMS › Section 69J-8.008 - Selection of Neutral Evaluator

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt of a request for neutral evaluation, the department shall provide the
				parties with a list of active certified neutral evaluators who do not currently
				have a neutral evaluation report outstanding for more than 14 days after
				holding a neutral evaluation conference.
(2) The insurer shall contact the
				policyholder or its representative, and the parties shall attempt to reach an
				agreement on selection of a neutral evaluator. The insurer shall contact the
				policyholder or its representative to attempt to reach an agreement in writing
				within 5 business days upon receipt of the notification of the neutral
				evaluation request. The insurer shall provide a copy of its written
				correspondence to the department at the same time written contact is made to
				the policyholder or its representative. If the parties come to mutual agreement
				on the selection of a neutral evaluator, both parties shall so inform the
				department, in writing, by emailing such information to the following email
				address: NeutralEvaluation@MyFloridaCFO.com. Failure of the insurer to contact
				the policyholder or its representative in writing within 5 business days does
				not invalidate either party's right to neutral evaluation or to disqualify
				evaluators with or without cause.
(3) If after 14 business days after receipt
				of the list of certified neutral evaluators the parties have failed to agree
				upon a neutral evaluator, the parties shall so inform the department by
				emailing such information to the following email address:
				NeutralEvaluation@MyFloridaCFO.com, or by calling the department at
				(850)413-5818.
(4) When informed
				that the selection of a neutral evaluator could not be agreed upon by the
				parties, or if the parties fail to contact the department within the 14
				business day time period, the department shall conditionally assign a neutral
				evaluator by rotating sequentially through the list of willing neutral
				evaluators who do not currently have a neutral evaluation report outstanding
				for more than 14 days after holding a neutral evaluation conference.
(5) The department will inform the parties of
				the selection.
(6) The department
				shall allow the parties to submit requests to disqualify evaluators on the list
				for cause. Parties who wish to disqualify evaluators for cause shall submit
				their request immediately, or as soon as the cause is known. The department
				will confirm the reason for disqualification for cause with the neutral
				evaluator.
(7) Either party may
				disqualify the selection without cause by emailing the department at
				NeutralEvaluation@MyFloridaCFO.com, notifying the department electronically or
				by facsimile within 3 business days after receipt of the notice of selection,
				or within 6 business days after receipt if notice of selection is sent by U.S.
				mail.
(8) Each party may disqualify
				up to 2 neutral evaluators without cause.
(9) Upon expiration of the timeframe within
				which to disqualify the selection, the department shall notify the neutral
				evaluator of the conditional assignment. The neutral evaluator must acknowledge
				confirmation of assignment and provide information regarding known conflicts
				within 3 business days of assignment. Failure to provide information regarding
				known conflicts within the required timeframe will result in the withdrawal of
				the assignment and the department shall conditionally assign another neutral
				evaluator by rotating sequentially through the list of willing neutral
				evaluators who do not currently have a neutral evaluation report outstanding
				for more than 14 days after holding a neutral evaluation
				conference.
Rulemaking Authority
					 627.7074(18)
					 FS. Law Implemented 627.7074
					 FS.
New 11-4-07, Amended 12-26-13, 7-27-15,
					 4-4-16.