An editorial to the Palm Beach Post asked the title question of this post. The answer seemed very obvious when it noted:1

‘[I]nsurance companies, executives and agents have donated at least $74 million to Florida politicians or business groups.’ The top recipient: Gov. Ron DeSantis, pulling in $3.3 million. And there’s this gem: Florida Chief Financial Officer Jimmy Patronis, has raked in nearly $2 million — from the industry he’s supposed to regulate.

Continue Reading Why Are Florida Republican Leaders Rigging the Legal System to Favor Insurance Companies and Prevent Redress For Bad Faith Actions?

The Florida Republican leadership is in bed with the insurance industry. Republican Donald Trump said so yesterday, as noted in yesterday’s post, Donald Trump and Chip Merlin Agree—Ron DeSantis and Florida Republican Leadership Has Sold Out to Insurance Company Lobbyists. An example of this is Florida’s public records of consumer complaints about public adjusters versus complaints about insurance companies. 

Continue Reading Florida Public Records Disclosures Prove Insurance Companies Are Mistreating Policyholders—What About Making Laws Allowing Consumers To Do Something About It?

The Tampa Bay Times and other news media reported on an apparent message by former President Donald Trump, which states the following:

Continue Reading Donald Trump and Chip Merlin Agree—Ron DeSantis and Florida Republican Leadership Have Sold Out to Insurance Company Lobbyists

I hate when insurers are accused of acting in “bad faith.” Most people who say that have no idea what they are saying or writing. They are just upset with the results of an insurer investigation. It is the failure to act in the utmost of good faith and fair dealing which historically subjects an insurer to extra-contractual damages. It does not mean that the insurer was “evil” or “bad.”  The law did a disservice to consumers when it called these actions “bad faith” causes of action. 

Continue Reading Does the Lack of Good Faith Mean the Insurer Was Bad and With Evil Intent? Indiana Case Suggests It Does 

Insurance on vessels and cargo is one of the oldest forms of property insurance. One of the first questions when dealing with any type of policy involving boats, marinas, cargo, and even docks is whether state insurance or admiralty law applies to a given situation. It is not a well-settled area of the law, as demonstrated by language from a recent decision.1

Continue Reading Property Damage to Boats—Does Admiralty Law Apply or Not?

In a decision made last week, a New York federal judge applied New York suit limitations law allowing a policyholder to file a lawsuit more than seven years after her apartment suffered water damage.1 Here are the relevant facts recited by the court:  

Continue Reading New York Property Insurance Claim—When Is the Deadline for Filing Suit?

One investigative journalist, Brianna Sacks, of the Washington Post, has uncovered and exposed more corruption by Florida insurance companies than all the state paid for insurance investigators and regulators whose job it is to protect Floridians from such conduct. The article, Insurers Slashed Hurricane Ian Payouts Far Below Damage Estimates, Documents and Insiders Reveal, may cause many to say, “look at all the claims corruption by Florida insurance companies. This is outrageous!” The sad question raised by the article is:

Continue Reading Insurance Company Corrupt Claims Culture Exposed by Washington Post

This blog follows my previous blog, Can Personnel Files Be Discovered? In my previous blog, I explained that some courts have held that when the information in personnel files is discoverable when it is “clearly relevant” and the information is “not otherwise readily available.”1 To further explore how courts have interpreted this, I’ll focus on what courts have considered being “clearly relevant” in this regard.

Continue Reading Can Insurance Company Claims Adjuster Personnel Files Be Discovered? Part 2

In a rare win for policyholders regarding arbitration clauses, a Louisiana federal court ruled that Louisiana policyholders do not have to go to arbitration so long as the insurers are American insurers.1 The judge stated the law in Louisiana regarding this issue: 

Continue Reading The Property Insurance Policy Has an Arbitration Clause—Louisiana Court Says Policyholder Does Not Have to Go to Arbitration