Florida lawmakers may allow lawsuits to move property insurance claims
Something strange is going on in the current session of the Florida Legislature. State lawmakers are actually considering consumer-friendly legislation that would allow policyholders to legally challenge insurers' claims denials to address Florida's ongoing property insurance crisis. The 180-degree turnaround is welcomed, even if it is belated.
House Bill 1551, proposed by state Rep. Hillary Cassell, R-Dania Beach, would restore the ability to sue insurance companies that don't want to pay outstanding claims. The legislature and Gov. Ron DeSantis removed that bit of leverage from policyholders in 2022 during a barrage of bills lawmakers said was needed to protect the insurance industry's ability to operate in Florida. Lawsuits, the mantra surrounding the policy, was the primary reason insurers were fleeing the state.
That so-called tort reform obviously helped insurers that have long lambasted lawsuits as the cause of their difficulties operating in the Sunshine State. However, while litigation against insurers dropped, a new report found that insurers doing business in Florida paid millions to shareholders and billions to affiliates while reporting big losses. The disclosure prompted an outcry from frustrated policyholders and forced lawmakers to re-consider the consumer.
The legislation currently making its way through the Florida House would make insurers pay for plaintiffs' attorneys fees in some cases. It advanced on a bipartisan 15-1 vote out of the Insurance and Banking Subcommittee, much to the chagrin of the Florida Chamber of Commerce. The bill still faces heavy headwinds. The insurance industry is pushing back, claiming that a renewal of lawsuits would only result in increased rates, higher premiums and a renewed reluctance of insurers to provide property insurance coverage in Florida.
More: Report on Florida insurers' big payments to 'affiliates' fuels push to change lawsuit rules
Yet, state lawmakers should take the industry protests with an ample grain of salt. The payouts outlined in the above-mentioned 2022 report happened while insurers were canceling policies, raising rates and claiming insolvency. Worse, state regulators knew about it but didn't complete the report or share its contents with the public. No wonder a bill that brings a small change to the process is finding bipartisan support.
By 2022, Floridians were experiencing the apex of a crisis. A changing climate and an increase in damaging storms had prompted insurers to cut bait and leave Florida or stay and either raise premiums or reduce coverage. To hold down costs, the governor and state lawmakers pushed changes that restricted litigation while providing funding to help insurers meet rising reinsurance costs. These measures passed with promises that rates would fall within two years.
Time went by. The rates didn't drop. Months after the law that curbed lawsuits went into effect, the Post Editorial Board asked the Insurance Information Institute, an association of the nation's top insurers when policyholders might see some relief. The answer? Years. Litigation, Institute officials told the Post then, remained a big problem, despite two special sessions of the Florida Legislature and a regular session in which the insurance industry pretty much got everything it said it needed to reduce the impact of lawsuits, which supposedly would lead to lower rates.
Today, there are signs of improvement. Litigation is much less a problem for the industry as more insurance companies have opened for business in the state, and increases in insurance rates have been modest or largely flat and definitely nowhere near the annual rate increase requests the state had seen a few years ago.
More: Insurance still tops concerns for Floridians despite legislative changes, survey shows
Still, policyholders aren't satisfied. Rates haven't dropped as much as promised and the legislative committee hearings have started to see more property owners complaining about the industry's slow response to claims and the ongoing reluctance to pay for damages, even if litigation has dropped. Cassell's bill, along with another bill that would require insurers' decisions to deny claims to be reviewed, approved and signed off on by qualified human professionals and not AI, amount to a breath of fresh air in a state capitol that has longed prioritized the industry over its consumers.
Last year, Cassell's efforts to bring balance to the insurance crisis only resulted in a committee conversation. The fact that her bill is moving through one legislative chamber is progress, but lawmakers in both chambers need to step up and pass this legislation.
This article originally appeared on Palm Beach Post: Florida may allow lawsuits to move insurance claims | Editorial
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