Archives: Florida

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Appraisers Agreeing Not To Include Issues of Loss May Render Policyholders with No Later Recovery

Appraisals can result in losing propositions for policyholders. I often teach that policyholders need to make certain that they do their best during appraisal and not expect a bad award to get overturned. Policyholders need very hardworking, honest, and knowledgeable persons selected as their appraisers.… Continue Reading

Assignment of Benefits and the 2017 Florida Legislative Session

The 2017 Florida Legislative Session does not start until March 7th but committee weeks have begun in both Chambers. As a member of the Florida House of Representatives, I have been assigned to the following committees: Civil Justice & Claims Subcommittee Commerce Committee Energy & Utilities Subcommittee Government Operations & Technology Appropriations Subcommittee Insurance & … Continue Reading

Florida Hurricane Matthew Claims – Payment of Undisputed Amounts

States differ regarding the time frame required for a first-party property insurance carrier to pay undisputed amounts on a claim. In Florida, for a residential first-party property insurance claim, the carrier is required to pay undisputed amounts within 90 days after receipt of notice of the claim, if these three things have occurred:1 The insurer … Continue Reading

Thank you!

I want to thank everyone who helped us achieve a hard fought victory in my August 30th primary for the Florida House of Representatives. My law firm colleagues have been with me every step of this journey. They never wavered in their support and were there to offer whatever assistance I needed on my cases. … Continue Reading

Choosing a New Insurance Commissioner

The State of Florida is in the process of replacing the current Insurance Commissioner Kevin McCarty. As this blog has outlined in prior posts, McCarty has been a fair and effective commissioner under very difficult circumstances. His departure will be a loss for Florida’s insurance consumers.… Continue Reading

Kevin McCarty Presented With Lifetime Achievement Award

Florida Insurance Commissioner Kevin McCarty obtained a well-deserved Lifetime Achievement Award from the Florida Association For Insurance Reform. His acceptance speech was brilliant, engaging, emotional, and funny. Floridians are lucky to have him working for us in the Department of Insurance now known as the Office of Insurance Regulation since the early 1990s.… Continue Reading

AOB and the Industry who Cried Wolf

If you work in or around property insurance in Florida, you have undoubtedly been exposed to the recent debate regarding Assignment of Benefits (“AOB”). An AOB is a legal form that allows an insurance provider to bill your insurance carrier directly. AOBs allow home-repair contractors to bill insurance carriers requiring nothing out-of-pocket from the homeowners … Continue Reading

Kevin McCarty and the Florida Cabinet

Recently, as outlined in Nicole Vinson’s blog post, Will Kevin McCarty Remain Florida’s Insurance Commissioner?, it has become apparent that the Florida Insurance Commissioner is on the hot seat. Unfortunately, there is no good reason for him to be in such a position. I was quoted on this topic by the Miami Herald and stated: Kevin … Continue Reading

“You Want What!?” – Why Insurance Companies Must Provide Clear Explanation Behind Document Requests

If you have ever had an insurance claim or negotiated a loss on behalf of a property owner, you would probably agree that one of the most frustrating aspects of the claims investigation process is the virtually endless set of documents requested from the insurance company. Finding and sending all the documents can take days, … Continue Reading

Heritage Insurance Taking Over More Than Two-Thousand Commercial Residential Policies From Citizens – Is Your Policy One of Them?

If you’re an insured with a commercial residential policy issued by Citizens Property Insurance, or if you’re assisting an insured with a claim under one of these policies, it is important to know the answer to the question above. Why? It will make a big difference in terms of which insurance carrier a loss should … Continue Reading

Florida Appellate Court Notes Time Period to File Lawsuit Against FIGA is Short and it “May Be Sensible” for Legislature to Extend

Recently, the Florida Second District Court of Appeal (“Second DCA”) considered whether a claim was time-barred by the statute of limitations as it relates to the Florida Insurance Guaranty Association (“FIGA”).1 The policyholders appealed the trial court ruling that the applicable statute of limitation (F.S.A. 95.11(5)(d) and 631.68) barred their claim for sinkhole damage. It … Continue Reading

Will Legislative Intent Play Crucial Role in Florida Supreme Court’s Decision Regarding Citizens Bad Faith Immunity?

One of the many questions faced by the Florida Supreme Court is whether the lawmakers who drafted the statutory scheme which created Citizens Property Insurance Corporation intended to grant the insurance carrier immunity from liability for bad faith causes of actions. Not surprisingly, the issue came up during oral argument last week when Perdido Sun … Continue Reading

Florida Supreme Court Hears Oral Argument on Citizens’ Claim of “Sovereign Immunity” in First-Party Bad Faith Actions

Earlier this year, the Florida Supreme Court agreed to review a First District Court of Appeal order which held that "Citizens’ immunity does not extend to the ‘willful tort’ of failing to attempt in good faith to settle claims as provided by section 624.155, Florida Statutes."1 On Tuesday, October 7th, both Citizens and the insured, … Continue Reading
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