1. Limits homeowners’ rights. Limits the ability for homeowners to receive statutory attorney fees from insurance companies even when an insurance company has been found to have treated a policyholder unfairly by denying, delaying, or underpaying their claim. The law effectively replaces the prevailing consumer attorney fee law that has been in place for more than

“We Are Here From The Government, We Are Here To Help You”

The Florida Senate and House leadership have sold out to the insurance industry. They have gutted individual policyholder rights. They have effectively prevented policyholders from being able to hold cheating insurance companies accountable. I do not know what happened to the Republican conservative value that cheaters should be held accountable.
Continue Reading Florida Political Leaders Sell Out Their Constituents To Insurance Industry Desires

In a matter of days, the Florida legislature is poised to consider another sweeping round of legal changes to Florida’s property insurance market. In large part at the behest of CFO Jimmy Partronis, whose campaigns are largely funded by the insurance companies he is supposed to regulate, the legislature will consider a slate of “reforms” taken directly from the insurance industry’s Christmas list.
Continue Reading Insurance Company Denials and Underpayment Drive Florida Insurance Litigation

Note: This guest post was prepared by Kevin Connor for the American Policyholder Association.

For years, property insurance companies in Florida paid out excessive executive compensation packages and stock dividends, essentially transferring profits into insiders’ pockets instead of preparing for future years of adverse underwriting experiences as most insurers do.

Now these same companies are pointing to the cost of fraud and litigation as reasons for losses and rate increases which seem to be a strategy to divert attention away from the impact of mismanagement and corporate greed. Some continue to pay out generous cash dividends to shareholders even as they file for substantial rate hikes, stop writing policies in parts of the state, or look to withdraw from the Florida markets altogether.
Continue Reading Major Florida property insurers paid out excessive executive compensation packages, dividends for years

Florida’s legislature has been called back for a special session starting December 12 regarding the most current insurance crisis. Attorneys, contractors, public adjusters, and policyholders have been calling me, asking what is going to happen and what is on the table.
Continue Reading One Week Before Florida’s Special Insurance Session—What is Going To Happen?

Florida does not recognize a first-party bad faith cause of action at common law. Instead, it has a statutory scheme where a formal notice (CRN) must be sent that provides the specific statutory provisions which are violated, the relevant policy language relevant to violations, and the facts giving rise to the violations. Then, the insurance company gets 60 days to cure the defects of its actions.
Continue Reading Florida’s Bad Faith Scheme Requires a 60 Day Notice Including Facts

A Florida public adjuster called and asked if a Hurricane Ian national flood insurance proof of loss had to be filed within 60 days. That answer is “no,” as explained in Hurricane Ian Flood Proof of Loss Deadline Extended. FEMA extended the deadline for 365 days.
Continue Reading Public Adjusters May Have One Year To Submit Hurricane Ian Federal Flood Claims Proofs of Loss But Still Have To Make Written Estimates Within 60 Days

The Florida Bar has taken a very proactive stance regarding wrongful solicitation of Hurricane Ian and Nicole policyholders. The Florida Bar filed an emergency Petition today for suspension of a Florida attorney working for an out of state law firm. The Petition alleges, among other items, deception in the solicitation of Hurricane Ian claimants:
Continue Reading Florida Bar Acts Against Wrongful Solicitation—Claimants Should Hire Reputable Attorneys With Credentials