Florida 2025 Regular Session

Florida House Bill H1555 Latest Draft

Bill / Introduced Version Filed 02/28/2025

                               
 
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A bill to be entitled 1 
An act relating to insurers' liabilities and 2 
responsibilities; amending s. 626.926, F.S.; requiring 3 
surplus lines insurers to comply with valued policy 4 
law under certain circumstances; creating s. 627.4263, 5 
F.S.; defining the term "qualified human 6 
professional"; requiring insurers' decisions to deny 7 
claims to be reviewed, approved, and signed off by 8 
qualified human professionals; prohibiting artificial 9 
intelligence, machine learning algorithms, and 10 
automated systems from serving as the basis for 11 
denying claims; requiring insurers to maintain certain 12 
records of the human review process for denied claims; 13 
requiring insurers to include certain information in 14 
denial communications to claimants; providing 15 
reporting requirements; authorizing the Office of 16 
Insurance Regulation to audit claim denials; amending 17 
s. 627.702, F.S.; defining the term "insurer" to 18 
include surplus lines insurers for the purpose of 19 
valued policy law; amending ss. 627.7011 and 627.7142, 20 
F.S.; conforming cross -references; providing an 21 
effective date. 22 
 23 
Be It Enacted by the Legislature of the State of Florida: 24 
 25     
 
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 Section 1.  Subsection (2) of section 626.926, Florida 26 
Statutes, is renumbered as subs ection (3), and a new subsection 27 
(2) is added to that section, to read: 28 
 626.926  Liability of insurer as to losses and unearned 29 
premiums; valued policy law.— 30 
 (2)  Each unauthorized insurer assuming a surplus lines 31 
direct risk under this Surplus Lines Law and issuing property or 32 
casualty insurance coverage shall comply with the valued policy 33 
law, as applicable, under s. 627.702. 34 
 Section 2.  Section 627.4263, Florida Statutes, is created 35 
to read: 36 
 627.4263  Mandatory human reviews of claim denials. — 37 
 (1) As used in this section, the term "qualified human 38 
professional" includes, but is not limited to, a supervisor, a 39 
claims manager, or a licensed claims adjuster having authority 40 
over a claim. 41 
 (2)(a)  An insurer's decision to deny a claim must be 42 
reviewed, approved, and signed off by a qualified human 43 
professional. 44 
 (b)  Artificial intelligence, a machine learning algorithm, 45 
or an automated system must not serve as the basis for 46 
determining whether to deny a claim. 47 
 (3)  An insurer shall maintain detailed records of the 48 
human review process described in paragraph (2)(a) for all 49 
denied claims, including: 50     
 
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 (a)  The name and title of the qualified human professional 51 
who reviewed the denial decision . 52 
 (b)  The date and time of the review by the qualified human 53 
professional. 54 
 (c)  Documentation of the basis for the denial, including 55 
any supplemental information provided by automated tools. 56 
 (4)  In each denial communication to a claimant, an insurer 57 
shall: 58 
 (a)  Clearly identify the qualified human professional who 59 
reviewed the denial decision. 60 
 (b)  Include a statement affirming that artificial 61 
intelligence, a machine learning algorithm, or an automated 62 
system did not serve as the basis for determining whether to 63 
deny the claim. 64 
 (5)  An insurer shall submit per iodic compliance reports to 65 
the office detailing the steps taken to comply with this 66 
section. 67 
 (6)  The office may audit claim denials to verify 68 
compliance with this section. 69 
 Section 3.  Section 627.702, Florida Statutes, is amended 70 
to read: 71 
 627.702  Valued policy law.— 72 
 (1)  Beginning July 1, 2025, as used in this section, the 73 
term "insurer" includes an unauthorized insurer assuming a 74 
surplus lines direct risk under the Surplus Lines Law, ss. 75     
 
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626.913-626.937, and issuing property or casualty insurance 76 
coverage. 77 
 (2)(a)(1)(a) In the event of the total loss of any 78 
building, structure, mobile home as defined in s. 320.01(2), or 79 
manufactured building as defined in s. 553.36(13), located in 80 
this state and insured by any insurer as to a covered peril, in 81 
the absence of any change increasing the risk without the 82 
insurer's consent and in the absence of fraudulent or criminal 83 
fault on the part of the insured or one acting in her or his 84 
behalf, the insurer's liability under the policy for such total 85 
loss, if caused by a covered peril, shall be in the amount of 86 
money for which such property was so insured as specified in the 87 
policy and for which a premium has been charged and paid. 88 
 (b)  The intent of this subsection is not to deprive an 89 
insurer of any proper defen se under the policy, to create new or 90 
additional coverage under the policy, or to require an insurer 91 
to pay for a loss caused by a peril other than the covered 92 
peril. In furtherance of such legislative intent, when a loss 93 
was caused in part by a covered pe ril and in part by a 94 
noncovered peril, paragraph (a) does not apply. In such 95 
circumstances, the insurer's liability under this section shall 96 
be limited to the amount of the loss caused by the covered 97 
peril. However, if the covered perils alone would have c aused 98 
the total loss, paragraph (a) shall apply. The insurer is never 99 
liable for more than the amount necessary to repair, rebuild, or 100     
 
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replace the structure following the total loss, after 101 
considering all other benefits actually paid for the total loss. 102 
 (c)  It is the intent of the Legislature that the amendment 103 
to this section shall not be applied retroactively and shall 104 
apply only to claims filed after the effective date of such 105 
amendment. 106 
 (3)(2) In the case of a partial loss by fire or lightning 107 
of any such property, the insurer's liability, if any, under the 108 
policy shall be for the actual amount of such loss but may shall 109 
not exceed the amount of insurance specified in the policy as to 110 
such property and such peril. 111 
 (4)(3)  The provisions of Subsections (2) and (3) (1) and 112 
(2) do not apply when: 113 
 (a)  Insurance policies are issued or renewed by more than 114 
one company insuring the same building, structure, mobile home, 115 
or manufactured building, and the existence of such additional 116 
insurance is not disclo sed by the insured to all insurers 117 
issuing such policies; 118 
 (b)  Two or more buildings, structures, mobile homes, or 119 
manufactured buildings are insured under a blanket form for a 120 
single amount of insurance; or 121 
 (c)  The completed value of a building, struct ure, mobile 122 
home, or manufactured building is insured under a builder's risk 123 
policy. 124 
 (5)(4) The amount of any loss referred to in subsection 125     
 
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(1) or subsection (2) or subsection (3) is shall be subject to 126 
any coinsurance clause contained in the policy pursuant to s. 127 
627.701. 128 
 (6)(5) This section does not apply as to personal property 129 
or any interest therein, except with respect to mobile homes as 130 
defined in s. 320.01(2) or manufactured building s as defined in 131 
s. 553.36(13). Nor does this section apply to coverage of an 132 
appurtenant structure or other structure or any coverage or 133 
claim in which the dollar amount of coverage available as to the 134 
structure involved is not directly stated in the polic y as a 135 
dollar amount specifically applicable to that particular 136 
structure. 137 
 (7)(6) With regard to mobile homes included in subsection 138 
(2) (1), any total loss shall be adjusted on the basis of the 139 
amount of money for which such property was insured as spec ified 140 
in the policy, whether on an actual cash value basis, 141 
replacement cost basis, or stated amount, and for which a 142 
premium has been charged and paid only if the insured has 143 
elected to purchase such coverage at the inception of the 144 
policy. However, when coverage is written for a mobile home on 145 
any basis other than stated value, a complete disclosure of the 146 
relative cost between that policy and the stated value policy 147 
shall be made to the insured on a form and in a format approved 148 
by the office. Such forms shall disclose and describe the 149 
differences between the types of policies and shall be signed by 150     
 
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the insured. Copies shall be maintained in the insurer's file, 151 
and a copy shall be made available to the insured. Each insurer 152 
licensed to write insurance cov ering mobile homes shall make 153 
such stated value coverage available at the option of the 154 
insured. 155 
 (8)(7) This section does not prohibit Nothing herein shall 156 
be construed as prohibiting an insurer from repairing or 157 
replacing damaged property at its own exp ense and without 158 
contribution on the part of the insured except, as provided in 159 
subsection (7) (6), when an insured has elected to purchase 160 
stated value coverage. Such repair or replacement of damaged 161 
property shall be in lieu of any liability created by s ubsection 162 
(2) (1); and any insurer so repairing or replacing shall have no 163 
liability pursuant to subsection (2) (1), provided such insurer 164 
returns to the named insured a portion of the premium, for all 165 
policy terms during which the policy limits were the s ame as 166 
those in effect on the date on which the loss occurred, equal to 167 
that portion of the premium paid for limits of insurance on the 168 
structure in excess of the cost of replacement. 169 
 (9)(8) Any property insurer may, by an appropriate rider 170 
or endorsement or otherwise, provide insurance indemnifying the 171 
insured for the difference between the insurable value of the 172 
insured property at the time any loss or damage occurs, and the 173 
amount actually expended to repair, rebuild, or replace within 174 
this state, with new materials of like size, kind, and quality, 175     
 
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such property as has been damaged or destroyed. 176 
 Section 4.  Paragraph (e) of subsection (6) of section 177 
627.7011, Florida Statutes, is amended to read: 178 
 627.7011  Homeowners' policies; offer of replacement cost 179 
coverage and law and ordinance coverage. — 180 
 (6)  This section does not: 181 
 (e)  Prohibit an insurer from exercising its right to 182 
repair damaged property in compliance with its policy and s. 183 
627.702(8) s. 627.702(7). 184 
 Section 5.  Section 627.7142, Flori da Statutes, is amended 185 
to read: 186 
 627.7142  Homeowner Claims Bill of Rights. —An insurer 187 
issuing a personal lines residential property insurance policy 188 
in this state must provide a Homeowner Claims Bill of Rights to 189 
a policyholder within 14 days after recei ving an initial 190 
communication with respect to a claim. The purpose of the bill 191 
of rights is to summarize, in simple, nontechnical terms, 192 
existing Florida law regarding the rights of a personal lines 193 
residential property insurance policyholder who files a c laim of 194 
loss. The Homeowner Claims Bill of Rights is specific to the 195 
claims process and does not represent all of a policyholder's 196 
rights under Florida law regarding the insurance policy. The 197 
Homeowner Claims Bill of Rights does not create a civil cause of 198 
action by any individual policyholder or class of policyholders 199 
against an insurer or insurers. The failure of an insurer to 200     
 
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properly deliver the Homeowner Claims Bill of Rights is subject 201 
to administrative enforcement by the office but is not 202 
admissible as evidence in a civil action against an insurer. The 203 
Homeowner Claims Bill of Rights does not enlarge, modify, or 204 
contravene statutory requirements, including, but not limited 205 
to, ss. 626.854, 626.9541, 627.70131, 627.7015, and 627.7074, 206 
and does not prohibit an insurer from exercising its right to 207 
repair damaged property in compliance with the terms of an 208 
applicable policy or ss. 627.7011(6)(e) and 627.702(8) 209 
627.702(7). The Homeowner Claims Bill of Rights must state: 210 
HOMEOWNER CLAIMS 211 
BILL OF RIGHTS 212 
This Bill of Rights is specific to the claims process and does 213 
not represent all of your rights under Florida law regarding 214 
your policy. There are also exceptions to the stated timelines 215 
when conditions are beyond your insurance company's control. 216 
This document does not create a civil cause of action by an 217 
individual policyholder, or a class of policyholders, against an 218 
insurer or insurers and does not prohibit an insurer from 219 
exercising its right to repair damaged property in compliance 220 
with the terms of an app licable policy. 221 
YOU HAVE THE RIGHT TO: 222 
 1.  Receive from your insurance company an acknowledgment 223 
of your reported claim within 7 days after the time you 224 
communicated the claim. 225     
 
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 2.  Upon written request, receive from your insurance 226 
company within 30 days after you have submitted a complete 227 
proof-of-loss statement to your insurance company, 228 
confirmation that your claim is covered in full, partially 229 
covered, or denied, or receive a written statement that 230 
your claim is being investigated. 231 
 3.  Receive from your insurance company a copy of any 232 
detailed estimate of the amount of the loss within 7 days 233 
after the estimate is generated by the insurance company's 234 
adjuster. 235 
 4.  Within 60 days, subject to any dual interest noted in 236 
the policy, receive full settlement payment for your claim 237 
or payment of the undisputed portion of your claim, or your 238 
insurance company's denial of your claim. 239 
 5.  Receive payment of interest, as provided in s. 240 
627.70131, Florida Statutes, from your insurance company, 241 
which begins accruin g from the date your claim is filed if 242 
your insurance company does not pay full settlement of your 243 
initial, reopened, or supplemental claim or the undisputed 244 
portion of your claim or does not deny your claim within 60 245 
days after your claim is filed. The in terest, if 246 
applicable, must be paid when your claim or the undisputed 247 
portion of your claim is paid. 248 
 6.  Free mediation of your disputed claim by the Florida 249 
Department of Financial Services, Division of Consumer 250     
 
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Services, under most circumstances and sub ject to certain 251 
restrictions. 252 
 7.  Neutral evaluation of your disputed claim, if your 253 
claim is for damage caused by a sinkhole and is covered by 254 
your policy. 255 
 8.  Contact the Florida Department of Financial Services, 256 
Division of Consumer Services' toll -free helpline for 257 
assistance with any insurance claim or questions pertaining 258 
to the handling of your claim. You can reach the Helpline 259 
by phone at ...(toll -free phone number)..., or you can seek 260 
assistance online at the Florida Department of Financial 261 
Services, Division of Consumer Services' website at 262 
...(website address).... 263 
YOU ARE ADVISED TO: 264 
 1.  File all claims directly with your insurance company. 265 
 2.  Contact your insurance company before entering into any 266 
contract for repairs to confirm any managed r epair policy 267 
provisions or optional preferred vendors. 268 
 3.  Make and document emergency repairs that are necessary 269 
to prevent further damage. Keep the damaged property, if 270 
feasible, keep all receipts, and take photographs or video 271 
of damage before and afte r any repairs to provide to your 272 
insurer. 273 
 4.  Carefully read any contract that requires you to pay 274 
out-of-pocket expenses or a fee that is based on a 275     
 
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percentage of the insurance proceeds that you will receive 276 
for repairing or replacing your property. 277 
 5.  Confirm that the contractor you choose is licensed to 278 
do business in Florida. You can verify a contractor's 279 
license and check to see if there are any complaints 280 
against him or her by calling the Florida Department of 281 
Business and Professional Regulation. You should also ask 282 
the contractor for references from previous work. 283 
 6.  Require all contractors to provide proof of insurance 284 
before beginning repairs. 285 
 7.  Take precautions if the damage requires you to leave 286 
your home, including securing your property and turning off 287 
your gas, water, and electricity, and contacting your 288 
insurance company and provide a phone number where you can 289 
be reached. 290 
 Section 6. This act shall take effect July 1, 2025. 291