Mediation as a Condition Precedent to Insurance Litigation
By Tiffany L. McAvoy
On October 7, 2025, Florida Senate Bill 108 (2026) was prefiled and introduced important amendments to Section 627.7015, Florida Statutes. The bill is scheduled to take effect on January 1, 2027. It applies to claims under personal insurance lines and commercial lines, but specifically excludes commercial coverages, passenger motor vehicle insurance coverages and disputes relating to liability coverages in property insurance policies.
Under the amendments, a condition precedent to commencing litigation is the newly required mandatory non-binding mediation. The insurer is responsible for notifying the policyholder of the mandatory mediation at the time of issuance and renewal of a policy or at the filing of a first-party claim by the policyholder. Within 10 days after mediation is invoked, policyholders are required to provide insurers with all information and supporting documentation that forms the basis for their claim.
In furtherance of the legislation’s effective, fair and timely handling of property insurance claims objective, the amendments also provide for mediator qualification and revocation rules and for emergency mediation in areas affected by natural disasters. Additionally, while mediation may be conducted by teleconference or other electronic means in lieu of appearing in person, all insured parties, or their designated representatives, will be required to attend the mediation, and failure to do so will prevent mediation from proceeding.
Tiffany L. McAvoy