An Orlando Sentinel article, Florida Lawmakers Are Being Misled About Insurance Lawsuits, Expert Contends,1 makes one wonder whether Florida’s Insurance Commissioner has sold out Floridians to benefit Florida’s property insurance industry. One of the country’s most noted insurance experts, Birny Birnbaum, was quoted in the article concerning a letter Florida’s Insurance Commissioner wrote:
Continue Reading Is Florida’s Insurance Commissioner a Stooge for the Insurance Industry?

John Pappas was the senior partner of Florida’s largest property insurance defense firm. He has written a “white paper” about the Florida legislation in HB 305, currently pending in the Florida House. His conclusion is as follows when it comes to frivolous lawsuits and stopping insurance litigation:
Continue Reading Florida Insurance Company Attorney Calls Out Bad Insurance Legislation Harming Floridians—Join Me on Today’s Tuesday @2 With Chip Merlin

United Policyholders has sent a letter to Florida Governor Ron DeSantis calling on him to oppose the current pending legislation founds in SB 76 and HB 305. Here is part of the letter written by Amy Bach to Governor DeSantis:
Continue Reading United Policyholders Calls on Governor DeSantis to Oppose Harmful Bills to Florida’s Policyholders

Mortgage servicers, banks, and their accountants must sign off under federal regulations that the loans that they package and are underwritten by Fannie Mae comply with certain requirements, including those involving insurance. If the mortgage does not have the proper insurance, it cannot be part of the Fannie Mae backed system. The Florida Senate passed insurance legislation which clearly jeopardizes the chances of home ownership by Floridians with a Fannie Mae mortgage because it is non-compliant. Worse is that when many Floridians buy that type of non-compliant insurance, they may have the additional burden and expense of the mortgage servicer adding force-placed coverage.
Continue Reading Florida Senate Passes Insurance Bill That Will Make Mortgages Non-Negotiable Under Federal Regulations

Remember how the Florida insurance industry and its lobbyists promised that if AOB reform were passed, insurance rates would drop because AOB litigation was the cause of increased premiums? Since that law passed, rates have not dropped. Floridians were duped by insurance industry propaganda, and the same insurance industry is promoting more anti-policyholder laws that literally prevent Citizens Property Insurance from asking for a rate decrease—and some Florida legislators voted yesterday to make it against the law for Citizens Property to ask for a rate decrease!
Continue Reading Do Not Believe Florida’s Insurance Industry That Laws Will Reduce Rates When Rates Often Depend Upon Mother Nature and Reinsurance Rates

Commissioner’s Bulletins issued by the Texas Department of Insurance (“TDI”) do not have the force of law of a statute, but they do express and declare TDI’s interpretation or position on certain issues and existing laws. These bulletins also contain recommendations and help insurers and consumers understand how the business of insurance should be conducted in Texas. A review of the most recent Commissioner’s Bulletin B-0010-21 issued on March 9, 2021, provides a good example of a bulletin’s purpose.
Continue Reading Texas Department of Insurance Commissioner’s Bulletins Re: Severe Winter Weather Claims

Lexington’s insurance company President & CEO is Lou Levinson. He must really have a big ego because what he allows his company to promise regarding claims practices has nothing to do with what is delivered. I invite him and his claims vice president to show up at a claims townhall meeting anywhere in the five largest states to listen to what their customers have to go through. They can invite whomever they want, and we will invite who we want.
Continue Reading Lexington Slow-Pays Claims and Ignores Policyholders

Since 1991, United Policyholders has been a voice for policyholders and an organization that has taken action in legislative, judicial, and consumer venues to assist policyholders and promote policyholders’ best interests. One example is their Amicus Project. They have written appellate briefs in 42 states and in more than 450 cases. United Policyholders briefs have been cited by numerous state supreme courts and the United States Supreme Court. Last week, United Policyholders filed an amicus brief in the Mama Jo’s case. The case and the Petition for review to the United States Supreme Court was recently discussed by Iris Kuhn in, Restaurant Asks U.S. Supreme Court to Hear Appeal of Eleventh Circuit’s Ruling on “Direct Physical Loss.”
Continue Reading United Policyholders Notes How the Mama Jo’s Case Was Wrongly Decided and Now Harming Proper Legal Analysis of Business Interruption Coverage Cases

If you’re a repeat reader of the Property Insurance Coverage Law Blog, you have likely come across a reference to one of Bill Wilson’s most important policy interpretation doctrines: RTFP!1 or “Read the full policy.” But what happens when you encounter a conflict not contemplated in the policy? Or worse yet, are not aware that consumer protections exist that can assist claim handling and broaden or clarify coverage?
Continue Reading 2021 California Legislative Update: Assembly Bill 3012

Last October we pointed out the alarming number of Louisiana insurers adding to the grief of Hurricane Laura insureds by requesting Proofs of Loss within 60 days and repairs to be completed within 180 days in order to receive replacement cost benefits under their policies. We also sent correspondence to Louisiana’s Insurance Commissioner, James J. Donelon, requesting an Advisory Letter be sent to Louisiana insurers reminding them of Louisiana’s statutory extensions for Proofs of Loss and Replacement Cost Coverage deadlines. On February 11, 2021 Louisiana’s Insurance Commissioner issued Bulletin 2021-02:1
Continue Reading Louisiana Insurance Commissioner Issues Bulletin on Statutory Extensions for Proof Of Loss And Replacement Cost Coverage Deadlines