basquebromance
Diamond Member
- Nov 26, 2015
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At the behest of Ron DeSantis, Florida Republicans just passed a bill freeing property insurance companies from the responsibility to pay claimants’ legal fees in the event of a suit. It’s a big win for insurance giants — and a big loss for regular Floridians.
Taken together, the changes in this insurance legislation amount to the most significant new restrictions on civil lawsuits in Florida since Jeb Bush’s final year as governor. That’s when Bush and the Legislature eliminated a legal doctrine known as “joint and several liability” — a change that business lobbyists gloatingly referred to as the “Holy Grail” of lawsuit reform.
And make no mistake, this is a legacy bill for DeSantis — whether he ultimately wants to take credit for it or not
this legislation (HB 1A, SB 2A) only eliminates one-way attorney fees in lawsuits involving property insurance policies. But you can bet that lobbyists for auto insurers and health insurers and all the rest will soon be pressing lawmakers to give them the same break, too.
And while eliminating one-way attorney fees is the most significant provision in the bill, it’s by no means the only change making it much harder for a consumer to sue an insurance company. (There are, however, no similar restrictions in the legislation on the ways insurance companies are siphoning profits out of Florida by paying fees to their parent and sister companies.)
It even forces customers of the state’s insurance company, Citizens Property Insurance Corporation, who file a claim for water damage to prove that the damage was not caused by flooding — rather than requiring Citizens to prove that the water damage was caused by flooding. (Citizens, like private carriers, does not cover damage from floods).
this bill also strips consumers of their right to transfer their claims under a policy to someone else who might have more money to pursue a lawsuit. It makes it harder to get extra penalties levied against an insurance company that intentionally stonewalls a claim.
If you’re a homeowner who needs to get a claim paid next year . . . good luck.
www.tampabay.com
Taken together, the changes in this insurance legislation amount to the most significant new restrictions on civil lawsuits in Florida since Jeb Bush’s final year as governor. That’s when Bush and the Legislature eliminated a legal doctrine known as “joint and several liability” — a change that business lobbyists gloatingly referred to as the “Holy Grail” of lawsuit reform.
And make no mistake, this is a legacy bill for DeSantis — whether he ultimately wants to take credit for it or not
this legislation (HB 1A, SB 2A) only eliminates one-way attorney fees in lawsuits involving property insurance policies. But you can bet that lobbyists for auto insurers and health insurers and all the rest will soon be pressing lawmakers to give them the same break, too.
And while eliminating one-way attorney fees is the most significant provision in the bill, it’s by no means the only change making it much harder for a consumer to sue an insurance company. (There are, however, no similar restrictions in the legislation on the ways insurance companies are siphoning profits out of Florida by paying fees to their parent and sister companies.)
It even forces customers of the state’s insurance company, Citizens Property Insurance Corporation, who file a claim for water damage to prove that the damage was not caused by flooding — rather than requiring Citizens to prove that the water damage was caused by flooding. (Citizens, like private carriers, does not cover damage from floods).
this bill also strips consumers of their right to transfer their claims under a policy to someone else who might have more money to pursue a lawsuit. It makes it harder to get extra penalties levied against an insurance company that intentionally stonewalls a claim.
If you’re a homeowner who needs to get a claim paid next year . . . good luck.
Lower insurance rates not coming soon, Florida lawmakers say
Senators are moving quickly, but questions went unanswered.
