Fla. Court Strikes Down Insurer Mediation Notice Deadline

Law360, Miami (February 20, 2013, 10:34 PM EST) -- A Florida appeals court on Wednesday said an administrative rule giving insurers five days after receiving a claim to notify the policyholder of a right to a state-sponsored mediation program went beyond the scope of legislation meant to provide parties in insurance disputes an alternative to costly litigation.

Florida's Third District Court of Appeal said Fidelity National Property had not waived its right to enforce an appraisal provision when it did not meet the five-day notification deadline. The appeals court ruled that the Florida Department of...
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