(1) All insurers subject to Florida Statutes § 627.7015, shall comply with Rule Fla. Admin. Code R. 69J-166.031, administered by the Department of Financial Services. A violation of Rule Fla. Admin. Code R. 69J-166.031, is a violation of this rule and accordingly a violation of a rule of the Commission.

Terms Used In Florida Regulations 69O-166.031

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    (2) If the insurer fails to appear at the conference without good cause the insurer shall pay the insured’s actual cash expenses incurred in attending the conference and shall pay the mediator’s fee for the rescheduled conference. Good cause here includes severe illness, injury, or other emergency which could not be controlled by the insurer and could not reasonably be remedied by the insurer prior to the conference by providing a replacement representative or otherwise. If an insurer fails to appear at conferences with such frequency as to evidence a general business practice of failure to appear, the insurer shall be subject to penalty, including revocation, suspension, or fine, for violation of Section 626.9541(1)(i), F.S. Such suspension of an insurer’s certificate of authority shall be for a period of 2 years. An administrative fine shall be in the amount of $2,500 per violation in cases of non-willful violation, and $20,000 per violation in cases of a knowing and willful violation. The office will mitigate these penalties based upon the following factors: Solvency of the insurer, best interests of or potential harm to insureds, and willfulness of the violation.
Rulemaking Authority Florida Statutes § 624.308(1), 627.7015(4). Law Implemented 624.307(1), 624.418(2)(a), 624.421(1)(a), 624,4211(1)-(3), 626.9541(1)(i), 626.9581(1), 627.7015 FS. History—New 8-18-94, Amended 5-1-96, 4-6-00, Formerly 4-166.031, Amended 11-3-15.