The American Policyholder Association (APA) just issued a study, Justifiable Grievances: New Analysis of Regulatory Complaint Data Suggests High Rates of Litigation in Florida Homeowners Insurance Market are Driven by Substantial Claims Payment Issues, not Frivolous Lawsuits. The report has the following key findings:Continue Reading American Policyholder Association Publishes Study Highlighting Florida Insurance Market Claims Payment Issues

Can you imagine the scene in the Florida legislature where insurance industry lobbyists were presenting drafts of new laws to Republican lawmakers? It must have gone something like this:

‘These laws will allow us to not pay claims, or if we have to, we will have a lot more leverage to pay less because nobody will be able to afford a lawyer. And, if they do hire a lawyer and sue, it will cost them a lot more, and we will make them go through more hoops that exist nowhere else in the country. We will take away almost any chance of bad faith lawsuits so we can deny a lot more claims. We will not have to offer as much coverage. And the best, we will get these laws passed and not promise to lower any premiums. Indeed, the rates may go up!’Continue Reading Florida Lawmaker Recognizes Anti-Consumer Laws Passed Make Insurance Companies a Great Investment

Last night, the Florida Association of Public Insurance Adjusters (FAPIA) threw a costume party that was a hit! My partner, the stunning Donice Krueger, and I dressed up as Doug and Limu the Emu from Liberty Mutual’s commercials. Speaking of Liberty Mutual, let’s segue into something a bit more serious—a recent case where the insurer found out the hard way that RICO claims aren’t a walk in the park.1Continue Reading Liberty, Liberty, Li-ber-ty

The Florida Association of Public Insurance Adjusters (FAPIA) recently celebrated its 30th Anniversary with a splendid gala. The event honored several prominent policyholder advocates, including Amy Bach from United Policyholders, Doug Quinn of the American Policyholders Association, and Tasha Carter, the appointed Florida Insurance Consumer Advocate. The dinner was a smashing success, completely sold out, and so high in demand that some hopeful attendees were turned away at the red carpet entrance.Continue Reading Public Adjuster Spotlight—Nancy Dominguez

The property insurance policy calls for a court to appoint umpires. Parties typically file a petition to appoint an umpire and then a request to confirm the appraisal award after the appraisal panel renders a decision. A reader of this blog asked me to comment on the following ruling from a recent Florida appellate case:1 Continue Reading Can Florida Courts Confirm Appraisal Awards and Appoint Umpires?

When it comes to insurance law, the Florida legislature epitomizes Florida Man. Wikipedia describes Florida Man as follows:

Florida Man is an Internet meme first popularized in 2013, referring to an alleged prevalence of people performing irrational, maniacal, illogical, delusional, insane, and absurd actions in the U.S. state of Florida. Internet users typically submit links to news stories and articles about unusual or strange crimes and other events occurring in Florida, with stories’ headlines often beginning with ‘Florida Man…’ followed by the main event of the story. Because of the way news headlines are typically written, they can be creatively interpreted as implying that the subjects of the articles are all a single individual known as ‘Florida Man.’

Continue Reading Florida Man—Appraisal in the Brand New World of Initial, Additional, Supplemental, and Re-Opened Claims

Two recent articles, Insurers Gave Ron DeSantis Millions. He Made It Harder to Sue Them, and DeSantis’ New Insurance Law Could Make It Harder to Rebuild After Hurricane Idalia, underscore how new insurance laws, supported by deals DeSantis made with Florida’s insurance industry, will make it more difficult for common folks to force insurance companies to pay what is owed. These articles correctly noted:Continue Reading Media Calls Out Florida’s Politicians and DeSantis For Selling Out To Insurers—The Maddening Reality For Hurricane Idalia Victims

A Florida federal judge recently wrote the following regarding a dispute over an appraisal:   

Under Florida law, appraisal requirements in an insurance contract are treated as arbitration provisions, ‘narrowly restricted to the resolution of specific issues of actual cash value and amount of loss.’ Galindo v. ARI Mut. Ins. Co., 203 F.3d 771, 776 (11th Cir. 2000) (quoting U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467, 469 (Fla. Dist. Ct. App. 1999)).1

If you were to read this case Order and the cited opinions, the answer to the post would be “yes.” But not so fast my friend.Continue Reading Is Appraisal Treated as Arbitration in Florida?

The Washington Post investigates government corruption and incompetence. While these investigations are normally at the national level, the Washington Post continues to show how Florida’s insurance regulators are failing Florida’s citizens when it comes to property insurance oversight and protection. Today’s article, How Florida Let a Top Insurer Abandon Homeowners in Their Time of Greatest Need,1 is a must-read for everybody purchasing insurance in Florida.  Continue Reading The Washington Post Continues to Expose Florida’s Failed Insurance Regulation

The Florida Department of Commerce (Florida Commerce) has announced the opening of the 30-day public comment period to seek public input on Florida’s Draft State Action Plan to access and operationalize $910 million in funding.1 This federally allocated funding was for disaster recovery and mitigation following Hurricane Ian.Continue Reading Florida Homeowners: Possible Federal Funding for Hardening Your Property from Hurricane Damage