Citizens Property Insurance Corporation is Shielded by Sovereign Immunity from Bad Faith Claims

In a blow to policyholders, Florida’s Fifth District Court of Appeals found that Citizens is not subject to bad faith lawsuits. The Court concluded:

In summary, we hold that Citizens is immune from first-party bad faith claims pursuant to section 627.351(6)(r)1. Likewise, we hold that Citizens is not subject to bad faith liability under section 624.155(1)(b)(1), as that statute is not applicable to it.

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Citizens May Eliminate Appraisal

Suppose you were not such a good person and tried to pay less than you owed on several debts. There was a process to resolve those debts, and you repeatedly lost and eventually had to pay the debts. What would you do? Well, if you are Citizens Property Insurance Corporation and its Board of Governors, you change the rules, looking for a different resolution process to avoid paying the debt and the publicity of underpaying claims.

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Sinkhole Coverage and Losses are Extraordinarily Complex

A former insurance defense attorney called me yesterday, asking if I would represent him and his wife in their sinkhole insurance dispute. While he oversaw many sinkhole matters from the insurance company's position, I guess he knows that a lawyer who represents himself has a fool for a client. His call to me is part of a trend, sinkhole loss calls to our Tampa office have been on the rise. Last week, the St. Petersburg Times ran a front page lead article, Geologists Worry About Drought's Effects on Sinkhole Season. The insurance coverage available, various statutory changes, caselaw, science, and repair of sinkhole losses make these cases fairly complex. Extreme rains or droughts seem to make sinkholes more frequent.

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The Only Thing We Have to Fear Is...

Every now and then, I come across something in the media that is simply wrong and feel compelled to do something about it. I recently came across an editorial in the Bradenton Herald, linked below, which is simply fear mongering. Accordingly, I responded with my opinion for all to contemplate on this very important issue in Florida:

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Why Should Citizens Do Wrong And Get Away With It?

The Florida Legislature passed a law in 1982 that provides for a Policyholder Remedy when an insurer fails to act in good faith and causes damage to the policyholder.  As a result, insurers could be held accountable to their policyholders under a "good faith" duty and standard of conduct similar to the "good faith" duties other states recognized through judicial common law. The legislation was necessary because conservative Florida judges refused to accept a common law "good faith" standard and the legislature had to step in and do something about the problem of insurer wrongdoing. See Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005). Why should the largest property insurance company in Florida not have to comply with this law or be held accountable for the damages it causes?

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Citizens Task Force Agenda

The agenda for the first Citizens Mission Review Task Force meeting this Friday is as follows:  Tampa Airport Marriott, Tampa International Airport, Tampa, FL Friday, October 10, 2008 Meeting: 10:00 am - 4:00 pm Conference Call Dial-in: 1-866-855-4989


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If The Big One Hits, Who Gets Stuck Holding The Bag?

Alex Sink may have been very wise to have paid Warren Buffet so much money for an option to have ready access to money if a major hurricane hit Florida.  (She paid Berkshire Hathaway $224 million for the option of borrowing $4 billion this hurricane season).  A recent St. Petersburg Times article highlighted the problems facing Florida should a major hurricane hit.  The bottom line is that the State could float bonds backed and paid for by every Floridian to cover the shortage of money to pay claims, but there are no of buyers to purchase them. I do not see this topic on the Agenda of the Citizens Mission Task Force for this Friday. I am certain it is a major concern for all and will come up. I am happy we are another week into October. Historically, the most severe hurricanes are over by now, as the waters start to cool and wind shear from the north becomes stronger. Let's hope a late hurricane such as Wilma or Opal does not visit us this year. I truly do not know if we can afford it.

Tampa Tribune Calls For Explanation Regarding State Farm

The Tampa Tribune ran an editorial in today's paper regarding the forty-seven percent average rate increase request made by State Farm. Many editorials are not very helpful. This one is on point and I hope that our government leaders are paying attention. Here is the editorial in its entirety:

 

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100,000 Policies Move Out of Citizens

Kevin McCatry, of the Office of Insurance Regulation, announced that six fairly obscure insurance companies have taken the insurance for 100,000 risks which were previously underwritten by Citizens Property Insurance Corporation.  The good news for consumers is that their new insurance carriers are insuring them for the same or better coverage and for the same or better price.  What a deal!!  Or is it?

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New Insurance Companies Founded in Florida

 Capitalism and economic venture are alive and well in the Florida insurance market.  The Florida Underwriter reported this month that over 1.7 million policies have been written by new insurance companies since the 2004 hurricane season.  As Allstate, State Farm and Nationwide retreat from the Florida property insurance market, these new insurance companies are accepting risks that would otherwise end up with Citizens Property Insurance Corporation.

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Florida Reducing Hurricane Exposure

A year after the Florida Legislature and Governor Crist were duped by the insurance industry, legislation aimed at lowering the financial catastrophe of a major hurricane has been introduced to correct last year's mistake.  See HB 983.  Last fall, I spoke with Alex Sink regarding her concern that the collapsing bond markets could make it difficult for Florida to quickly raise money to pay for Catastrophe Fund obligations in the event of a hurricane.  Given the decrease in statewide tax revenues and the ever increasing credit strains caused in part by the sub-prime mortgage crisis, she has acted very prudently by supporting this legislation.  Obviously, if the state is picking up less of the insurance payments caused by a natural catastrophe, the insurance industry is picking up more.  Rates have to go up.  The question is:  How much?  The second question in an election year is:  If they go up a lot, are voters going to retaliate at the polls this fall? Of course, the State has an "out":  Citizens Property Insurance Corporations.  Citizens is a governmental entity "competing" against private insurers.  If it continues to charge lower rates, many policyholders and voters will be spared the increase.  Indeed, if the rates are limited to a 2 percent increase as reported in the Palm Beach Post, voter dissatisfaction probably won't materialize.  Nevertheless, the action by Sink and the Legislature was a step in the right direction.  We were a Katrina away from a major financial catastrophe, and this is a prudent step in the right direction.

Insurance Industry Claims And Rate Practices Come Under Public Scrutiny

 Tuesday was a rather interesting day.  Our firm helped win a $4.6 million dollar judgment for a panhandle Condominium Association last year. Citizens Property Insurance Corporation did not pay, as usual, but appealed.  I argued the case [Citizens Property Ins. Corp. vs. East Pass Towers II Condominium, No. 1D07-2727 (Fla. Dist. Ct. App. oral argument Jan. 22, 2008)] for our client in Tallahassee, met with the Association representatives, and then made my way up the hill to the State Capitol where the Select Committee on Property Insurance Accountability was meeting. One of firm's lobbyists briefed me on the schedule and introduced me to some of the panel members I had not previously met.  We wondered if the media attention and articles (Tom Zucco, No Auto for Allstate, St. Petersburg Times, January 17, 2008, at A1; Jerome R. Stockfisch, State Bans Allstate From writing any New Policies,  January 17, 2008, Tampa Tribune) following last week's 0ffice of Insurance Regulation hearing would cause more attention to be focused on these proceedings. 

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Citizens Changes Course....Again

In January 2007 Governor Charlie Crist announced that Citizens was going to compete with private insurance companies. More recently however Citizens announced that it plans to give away a huge book (173,000 customers) of its business to other insurance companies; this seems a strange method of competing.

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How do we escape Florida's financial insurance catastrophe?

Following the passage of recent insurance legislation, I wrote an op-ed piece for the St. Petersburg Times noting that Floridians are now a Hurricane Katrina away from financial disaster. Recently, the St. Petersburg Times and Miami Herald have run stories finding that our elected politicians have also come to the same conclusion. 

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Team effort needed to fix Citizens Insurance

According to Chip Merlin, of the the Merlin Law Group, changing Citizens claims handling issues requires a team effort between the state-run agency and the Legislature. Lawmakers have historically failed to make Citizens Property Insurance accountable to policyholders - even after a major catastrophe when consumers need it most.   Improvements will require the retention of qualified independent adjusters in advance of catastrophic events, the establishment of a reinspection process, the commitment of Florida's Legislature to hold Citizens accountable for implementing recommended changes, etc. Read more....

Fla. Task Force on Citizens' Claims Handling to Meet in Pensacola

Florida Chief Financial Officer Alex Sink is convening the third meeting of the legislatively-created task force on Citizens Property Insurance Claims Handling and Resolution. The meeting will be held June 13, from 2 p.m. - 8 p.m. at Hagler Auditorium, Building 2, Room 252 on the campus of Pensacola Junior College, 1000 College Blvd. in Pensacola, Fla. Click here for the schedule of future task force meetings.

Citizens ask for time limit on claim disputes

Facing criticism for thousands of 2004 and 2005 hurricane claims still open, Citizens Property Insurance seeks to rein in the lawyers and freelance adjusters it alleges are whipping up disputes in order to pocket large fees. Chip Merlin, of the Merlin Law Group, warned against limiting the rights of homeowners to contend with what he said are ''statistical issues'' at the state's largest property insurer.  Read more... Is this part of Citizen's ongoing effort to improve policyholder and applicant services?

Claims practices--what really concerns insurance companies

Insurance is a business based on trust. If the public does not trust that you will pay claims promptly and for what is owed, your business will flounder.  Fair value assessments and prompt payments aren't just expected by policyholders - they are required by every State insurance code. How this is going to happen is rarely open for public debate. Until now. Citizens Property Insurance Corporation is no longer an insurance company under Florida law. It acts like one, is subject to most of the insurance code, but it is the creation of the government and is the government....whatever that means.

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What can Citizen's do to improve claims handling?

In an ongoing effort to improve Citizens' policyholder and applicant services, Florida Chief Financial Officer Alex Sink announced appointees to the legislatively-created Task Force on Citizens Property Insurance Claims Handling and Resolution.  The first meeting took place Monday, May 21st at the Citizens Claims Center in Jacksonville.