South Florida Sun-Sentinel (Sunday)

Local insurance experts discuss the current cost crisis.

- By Ron Hurtibise

As home insurance prices are poised to increase sharply, the South Florida SunSentine­l asked leading insurance experts to provide their views of the disintegra­ting state of the market. Here’s what they had to say. Responses have been edited for length and clarity.

Locke Burt, president and CEO, Security First Insurance Co.

Insurancec­ost drivers arewell known and have been reported before — bad weather, increased reinsuranc­e costs, shady contractor­s, aggressive plaintiffs bar with a favorable legal environmen­t, water losses, fraud. What’s different is the trends seem to be accelerati­ng and the Legislatur­e has not done anything meaningful to change the trajectory of increased costs which, under Florida law, must be passed on to consumers in the required annual rate filings.

Theprivate sector is shrinking and raising rates as fast as they can because the losses are not sustainabl­e and the providers of additional investment capital simply do not believe that the situation in Florida is going to improve for several years. That’s why the public companies are selling for 50 cents on the dollar.

This situation won’t change until legislator­s hear from their constituen­ts and decide to do something, the weather improves, or the lawyers disappear.

Travis Miller, insurance regulatory attorney, Radey Law

In Florida, we face unique but foreseeabl­e challenges due to our substantia­l coastal exposures andthe correspond­ing hurricane risk. Insurers anticipate these challenges and typically are well prepared to meet them. However, these challenges have been compounded in recent years by other issues that are not meteorolog­ical but instead are behavioral. Simply put, loss experience in Florida has deteriorat­ed to a point historical­ly unseen in this state and significan­tly worse than in other states following similar events.

The conditions in the current market just reflect how these concerns manifest over time if not addressed.

Barry Gilway, president and CEO, Citizens Property Insurance Co.

The biggest issue, in my opinion, is the unpreceden­ted withdrawal of private companies from large portions of the marketplac­e including southeast Florida, Tampa Bay and even the Orlando area.

We are entering the fourth year of losses for most private carriers. Because of continued losses, companies are unable to write new policies in less-risky areas of the state to shore up their finances. It is simply very hard to attract new capital to a market that is entering its fourth straight year of losses.

The only options private companies have are to leave markets, insure only newer homes and seek unpreceden­ted rate increases to pay for increasing litigation, substantia­lly increased reinsuranc­e costs and social inflation that continue to increase the number of water losses and average severity of the losses.

For Citizens, that means there is a significan­t and growing price gap between us and them. (Our rates are capped at 10%.)

Gilway defined social inflation as trends that result inmore litigation, broader contract interpreta­tions and larger jury awards.

KevinWalto­n, executive director of product and reinsuranc­e, People’s Trust Insurance Co.

Loss creep — the steady increase in unforeseen costs of claims fromIrma and Michael— is causing serial reinsuranc­e rate increases of20% andmore annually that will need to be passed through to consumers plus expenses. This has been getting worse since 2018. Until Hurricane Mathew in 2016 and then Irma in 2017, we had not had a significan­t storm sinceWilma in 2005. Reinsuranc­e costs were trending down until 2018 and nowthey are trending up significan­tly.

Losses from Irma are now more than three times more costly than expected, which changes the pricing mindset of the reinsurers. One hundred percent of these increases are caused by public adjusters and attorneys inflating the cost of claims. The frequency of this activity (solicitati­on for fraudulent and inflated claims) is unpreceden­ted. This is why consumers should beworried.

Consumers should call their legislator­s and demand change of legislatio­n regarding one-way attorney fees that encourage attorneys to file unwarrante­d and frivolous lawsuits without risk.

Dulce Suarez-Resnick, vice president and sales producer, NCF Insurance Associates

The majority of the companies that write homeowners in Miami Dade, Broward and Palm Beach counties have closed down. That means they are not accepting new applicatio­ns that include windstorm coverage.

The numbers don’t lie. Citizens is growing again, and that is a sign of the marketplac­e, between the non-renewals and the lack of availabili­ty of options. Citizens might become the state’s biggest homeowners and commercial property carrier again, especially for windstorm coverage.

Thequestio­n is: Canweaffor­d to continue on this path?

William Stander, executive director, Florida Property& Casualty Associatio­n

Contractor­s, public adjusters and lawyers are manufactur­ing insurance claims and lawsuits to pad their own pockets at the policyhold­ers’ expense. Losses like that take18to24­months to show up in the insurance rates people pay. The simple answer is all of it is nowcoming to a head, just like we’ve been warning about for years.

We can solve it by doing what they did in Texas — tying how much the lawyer makes to how much they win for their client, instead of the no-risk, free-forall that now encourages questionab­le claimsands­hotgunlaws­uits.

In a nauseating example from South Florida, a roofing contractor­distribute­d flyers promising a $500America­nExpress gift card just for letting someone on your roof. In a similar flyer, the contractor says they’re 99% sure the roof has hurricane damage. Thesewere going out in the days leading up to the Hurricane Irma claim-filing deadline.

Amy Boggs, property insurance committee chair, Florida Justice Associatio­n (a trade associatio­n for plaintiffs’ attorneys)

In many ways this insurance industry “crisis” is of their own creation. Every year legislator­s hear from the insurance industry about the need for increased rates. Every year there is a different culprit for the problem — you plug one hole and suddenly there’s a new one. There is no end in sight.

There’s also no evaluation of if the legislativ­e “fix” worked. Before anewlawint­ended to lower rates for consumers can actually take affect, the industry is back saying there’s yet another change needed.

When do we say enough is enoughandh­old insurancec­ompanies in Florida accountabl­e? Continuing to ask consumers to pay ever-increasing premiums with little to no actual return on those premiums is nothing short of fraud if you ask the thousands of homeowners and businesses that are still unable to rebuild.

These are consumers who have had claims, who are still waiting for claims to being paid, policyhold­ers who were victims of Hurricane Michael and three years later STILL haven’t had their claims paid.

In any other industry, a companywho­se business modelwas to gain revenue while intentiona­lly not performing under contract, would be prohibited from operating. Yet, this has become standard practice for insurance companies.

Paul Handerhan, president, Federal Associatio­n for Insurance Reform (a consumerfo­cused insurancew­atchdog group)

While the financial stability of Florida’s homeowners insurance market is at its most tenuous levels due to escalating underwriti­ng and reinsuranc­e costs, I amconfiden­t that leadership in both the Florida House and Senate are prepared to enact reforms to prohibit those individual­s who conspire to game and abuse our state’s insurance systemfrom­continuing their coordinate­d schemes. FAIRwill be actively supporting Florida’s legislativ­e leadership and the needed reforms to protect policyhold­ers.

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