Sun Sentinel Broward Edition

To prevent higher insurance rates, changes in state laware needed

- By Logan McFaddin Logan McFaddin is assistant vice president of state government relations for the American Property Casualty Insurance Associatio­n, the primary national trade associatio­n for home, auto and business insurers.

Homeowners facing a potential increase in insurance costs ultimately suffer the most as Florida insurers grapple with billions in recent losses from natural disasters and out-of-control litigation costs.

With its hundreds of miles of coastline and significan­t exposure to storms coming out of the Gulf of Mexico and Atlantic Ocean, hurricanes pose a catastroph­ic risk to the Sunshine State. Six of the 10 costliest hurricanes on record have impacted Florida. Over the past several years, the state of Florida has dealt with multiple catastroph­ic weather events that have caused billions of dollars in damages, including Hurricanes Michael and Irma.

The billions in losses from recent natural disasters have hit insurers— and all Floridians — hard, but those costs pale in comparison to the impact of Florida’s deteriorat­ing legal environmen­t. Widespread legal abuse, skyrocketi­ng settlement­s and exorbitant attorney fees have had significan­t consequenc­es in the insurance marketplac­e and made it challengin­g for companies to hold the line on costs.

Insurers have been sounding the alarm among policy makers for the need to implement meaningful reforms to curb widespread lawsuit abuse, restore fairness to Florida’s legal system, and help keep insurance premiums reasonable for Florida families. The industry has been advocating for solutions that protect policyhold­ers’ rights but reign in abusive and questionab­le legal tactics.

Asan example, the Florida Supreme Court recently suspended the law license of a Florida attorney due to allegation­s of misconduct after filing thousands of lawsuits against Florida property insurers over the last several years. One of the law firm’s former associates testified that during his tenure, the firm hadas many as 10,000lawsuit­s against insurance companies. Yes, you read that right— 10,000! And that’s just from one lawfirm.

While only a few bad actors abuse the system, their actions hurt all Floridians, not only in higher costs inthe short term, but potentiall­y on the availabili­ty of insurance over the long term.

Legal reforms are critically needed to create a fairer, balanced judicial system and protect Floridians from rising costs. According to the Florida Chamber of Commerce, Florida’s legal climate costs the average family $4,442 a year in lawsuit abuse “taxes.”

The Governor and the Florida Legislatur­e took a positive step forward in 2019 by passing a law that protects homeowners from Assignment of Benefits property scams, but there is morework to be done on issues like excessive attorney fees, time-limited demands and bad-faith abuses of the law. Insurers are ready towork with policymake­rs to develop solutions that protect policyhold­ers’ rights and encourage quick, clear and fair settlement­s.

Insurers’ top priority is to be there for their customers when disaster strikes, and that means being financiall­y solvent and able to pay claims when a family is in their darkest hour of need after a catastroph­e. Insurers also recognize that the pandemic has placed significan­t financial stress onmany families, which is why many home, auto and business insurers are voluntaril­y offering policyhold­er relief arrangemen­ts for refunds and discounts, providing flexible payment solutions, waiving insurance premium late fees, and pausing cancellati­on of coverage. If you are concerned about being able to pay for your homeowners insurance, contact your insurer to seewhat options may be available to you.

Florida insurers have been there and will continue to be there to help families, individual­s and businesses recover after a disaster, and the industry is ready towork with policymake­rs to develop solutions that will lower costs for Floridians and help create a healthy and sustainabl­e insurance marketplac­e.

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