The Florida Insurance Industry Flexes Its Muscle
Where are our insurance consumer advocates? Are they publicly wanting to appear one way to get their constituents’ votes, but then voting another way behind closed doors? This is my concern, because otherwise the last bill placed before Governor Crist would never have appeared. My powerful, worthy, much richer, and able State Farm lobbyist, Mark Delegal and other similarly powerful interested insurance industry lawyers show how the insurance industry has already set out its agenda on the insurance consumers of Florida in a recent article:
Insurance industry lobbyist Mark Delegal, who represents State Farm and other insurance companies, said Wednesday that bringing back the insurance deregulation bill - which passed last session but was vetoed by Gov. Charlie Crist - is definitely being explored by the industry.
"If there's a special session, we would be pursuing legislation that is the same as or similar to HB 1171," Delegal said.
Last session's HB 1171 would have allowed certain large, well-capitalized insurance companies to raise rates outside of the regulatory framework. It was an effort to appease companies that say they can't make money in Florida - including State Farm, which is trying to pull out of the property insurance market here because regulators won't allow it to raise rates to what it says it needs to charge to remain viable.
The legislation, sponsored last session by Rep. Bill Proctor, passed the House overwhelmingly - 105-13 - and passed the Senate 27-9. Those numbers give backers of the legislation hope that a veto override would be possible if lawmakers return.
Proctor said Wednesday in an interview that he had already filed the same legislation for next session, and acknowledged interest in the possibility of bringing it back earlier should there be a special session.
Here’s the question - Is Procter bought and paid for by the insurance industry? He is in the leadership of the Florida legislature. And, as a card carrying member of the Republican Party, I wonder whether our Republican legislative leadership is giving into corporate interests rather than the individual fiscal conservative interests that should be the bedrock of both major political parties. Insurance companies, as non-human “Citizens,” do not necessarily care about such concerns. The rest of us, breathing and bleeding types, really do care.
I pour my heart out for my policyholder clients. As I write this, I am making last edits to get that point out to some lawyers that will inspire other attorneys to do the same and make it worth their while to take on these very able insurance litigators. My speech is at the National Institute on Insurance Bad Faith.
I honestly feel humbled that some attorneys would pay to attend this seminar where I have the opportunity to teach them how my firm tries to help policyholders every day regarding their claims disputes. As far as I am concerned, this is our professional obligation. Still, I understand that the insurance companies try costly tactics against many of my colleagues that are not very well financed every day. Trying to make these cases simpler and less costly has been a concern of mine.
And after all this, we all benefit from those that advocate for fairness of rates and claims practices. These others, similarly situated, are those that support United Policyholders or are members of the AAJ Fair Insurance Claims Practices Group a/k/a Bad Faith litigation Group.
The bottom line is that I have deep concerns about how many in the Florida Legislature are advocating certain positions when they address the citizens of this State, but are behaving much differently behind closed doors. Stay tuned.





It is clear the above blog author is well read, skilled, honorable, savvy at every aspect of his chosen trade; surely he did not just wander aimlessly out of the Everglades and into the vicious, heartless, ruthless battlefield in which those that subscribe to his daily muse and exchange of ideas, concepts, ploys and skilled ways suggestions at ways of litigation ply their skills, schemes and scenarios each day they are called upon to battle the carriers that choose to do business here in the several southern states covered by our offices............so, that said, I am concerned he would calmly query that some of our honorable(sic) statesmen 'are behaving much differently behind the closed doors....'
It surely should've hit this blogmaster, long ago, that this is the concept at the very heart of those who would pride themselves at making the most admirable of promises as they tarry and campaign for our campaign dollars and our votes on Election Day, only to scurry hastily to the Capitol after being elected to office, to slam doors hard shut behind them and calmly/knowingly turn collective backs on the populace that raised the dollars and the votes that put them there; it follows, that when the author comments 'I have deep concerns about how many in the Fla. legislature.....etc. etc.,' I would gather he knows that he's telling us what we've all known long before the date he authored this most recent statement and concern; perhaps he's forgotten that 'power corrupts/ absolute power corrupts absolutely'...........and, perhaps, this response commentary will have soothed his critical concern of what's awry 'behind closed doors.'
When the dust settles, surely we all know that 'closed doors' are the 'rule' in our respective state Capitols, not the 'exception.'
William,
I just expect politicians to be honest. Many are.
And, I do not get why so many simply follow the insurance industry lobbyists. They are elected by people and not insurance companies.
Thanks for your thoughts and comments. I find them interesting.
Way to go Mr. Shears - you sure got ALL OF YOUR POINTS ACROSS in your comment (to me anyway).
Chip, you "don't get why so many simply follow the insurance industry lobbyists. They are elected by people and not insurance companies."
Well, they sure "get it" (all the way into their campaign account - MONEY - from insurance companies, big corporations, specific special interest groups, etc.).
It's the same story, different day: MONEY & GREED...that's what's going on in plain view !!
SHIRLEY HEFLIN
no need for thanks; the classic 'El Condor Pasa' comes to mind, if you would indulge me, as "I'd rather be a responder, than a blogmaster...."
It is a pleasure to be permitted to take part in your valiant daily work, effort, thoughtful sharing, ideas and your treasure trove of of understanding in what is fastly b/coming a brutal battlefield for 'us vs. them,' and the almost expected daily confronations that exist twixt the plaintiff/Insured bar and those that desire to partake as proverbial 'whipping boys' for the multibillion carriers that our side strives to keep honest and legal, the best that we can; be well.
We expect quite a fight on this, but now it looks like it may be in the regular session. Proctor is interesting. His background is all education and he is very sharp. There's nothing about insurance. So why is he carrying the water on this?
My best guess in that he will be get paid off down the line. He is a good advocate for insurance companies because he has no baggage. He isn't an agent like most of their people in the legislature and he has very few campaign contributions from insurers, so there's little room to attack him.
We've got an uphill battle to educate Florida's consumers on this before its too late. They're falling for the line about having more choices. They don't realize their rates are going to go up 50% or more is this passes and there will be no alternatives.