Construction Law

Fernando Subirats v. Fidelity National Property

Fernando Subirats v. Fidelity National Property, 38 Fla. L. Weekly D396a, Case No. 3D12-68, filed February 20, 2013: The Department of Financial Services was found to have exceeded its rulemaking authority by enacting Rule 69J-166.031, F.A.C., requiring an insurer to notify its insured within five (5) days of receiving a claim of the right to participate in a state-sponsored mediation program, failing which the insurer waived his or her right to enforce a policy appraisal provision. The court found that subsection (4) of s. 627.7015, F. S., requiring the creation of a property insurance mediation program, did not include the rulemaking authority to provide for a wavier of this right, and affirmed the trial court’s order staying litigation of the breach of contract claim until the parties complete the appraisal process.

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