Tag Archives: Citizens Property Insurance Corporation

Res Ipsa Loquitur

In the legal profession we sometimes use the term “res ipsa loquitur”—Latin for "the thing speaks for itself." With that in mind, take a look at the article, All’s fair? Scott Link changes sides after $5M Citizens superlawyer pay,1 discussing the fact that the top lawyer for Citizens is leaving to represent policyholders.… Continue Reading

Citizens Property Insurance Corporation Fails Floridians

Citizens Property Insurance Company should devote more time and resources to education, training, and properly and promptly handling property insurance damage claims instead of hiring teams of lawyers “experts”. Citizens wants to avoid paying for covered damages in the homeowners policies by any means necessary. In related news, for three years, Citizens has been depopulating. … Continue Reading

A Friendlier Citizens?

I came across the article below and was pleasantly surprised by the contents. As you can see, Citizens has reworded and toned down their “opt out” letters to consumers. “Opt out” letters are sent to current Citizens policyholders and strongly encourage those policyholders to go to another (private) carrier. Unfortunately, these letters are confusing and contain … Continue Reading

Reduced Coverage and High Premiums for Floridians…Again

It is unclear why the Office of Insurance Regulation has approved a rate hike for Florida homeowners insured with Citizens Property Insurance Corporation. But it is clear that the policy coverage that was once offered by Florida’s insurance company was been eroded. Coverages in each policy issued by Citizens has been lessened in almost every … Continue Reading

Have Something to Say About Citizens’ Proposed 2016 Rate Changes for Commercial Property and Homeowners Policies? Here’s Your Chance

If you happen to be at or near the Florida Senate Office Building at the State Capitol Building this morning, the Florida Office of Insurance Regulation (FOIR) is conducting a public hearing in Room 401 at 9:00 AM to discuss Citizens’ proposed 2016 rate changes. Whether the rate increases or decrease, the proposed changes would … Continue Reading

Bad Faith and Citizens Property Insurance Corporation

A little over seven months have passed since the Supreme Court of Florida heard oral arguments from the attorneys for Citizens Property Insurance Corporation and Perdido Condominium Association. For those readers who are not familiar with what lead to the issue coming before the state’s supreme court, the case stems from a decision by Florida’s … Continue Reading

Despite Ninth Year Without a Major Storm, Floridians Have Not Seen Rate Reductions

Hurricane season just ended in Florida without any significant storm landing on our shores. As noted in Slow hurricane season could spell relief for Citizens Property Insurance policyholders,11 the 9-year break from storms should have stabilized the property insurance market and led to reduced premiums for policyholders. Unfortunately, the reality is a bit different. The … Continue Reading

Regulators Approve Even More Takeouts from Citizens Property – Including 50,000 to Newly Licensed Anchor Property & Casualty

Another 182,000 insurance policies have been approved by the Florida Office of Insurance Regulation (“OIR”) to be transferred to private insurers, (commonly referred to as “takeout” companies), in 2015 as part of the state’s ongoing effort to reduce the number of policies handled by Citizens Property Insurance Corporation. While it is unlikely that all will … Continue Reading

Heritage Insurance Taking Over More Than Two-Thousand Commercial Residential Policies From Citizens – Is Your Policy One of Them?

If you’re an insured with a commercial residential policy issued by Citizens Property Insurance, or if you’re assisting an insured with a claim under one of these policies, it is important to know the answer to the question above. Why? It will make a big difference in terms of which insurance carrier a loss should … Continue Reading

Will Legislative Intent Play Crucial Role in Florida Supreme Court’s Decision Regarding Citizens Bad Faith Immunity?

One of the many questions faced by the Florida Supreme Court is whether the lawmakers who drafted the statutory scheme which created Citizens Property Insurance Corporation intended to grant the insurance carrier immunity from liability for bad faith causes of actions. Not surprisingly, the issue came up during oral argument last week when Perdido Sun … Continue Reading

Florida Supreme Court Hears Oral Argument on Citizens’ Claim of “Sovereign Immunity” in First-Party Bad Faith Actions

Earlier this year, the Florida Supreme Court agreed to review a First District Court of Appeal order which held that "Citizens’ immunity does not extend to the ‘willful tort’ of failing to attempt in good faith to settle claims as provided by section 624.155, Florida Statutes."1 On Tuesday, October 7th, both Citizens and the insured, … Continue Reading

Florida House Members Prepare to Vote on Citizens Sinkhole Bill

After yesterday’s legislative session in Tallahassee, it appears the Florida House of Representatives’ final vote on House Bill 129 – commonly referred to as the “Citizens Sinkhole Repair Bill” – may take place as soon as this Friday, April 11th. The proposed legislation seeks to change certain aspects of Florida’s sinkhole law, though only for … Continue Reading

Citizens Property Insurance Corporation Trying to Rewrite the Rules in Sinkhole Loss Claims

An insurance contract is simply an agreement. The policy itself contains the terms of the agreement and acceptance of a premium payment binds this agreement. Citizens Property Insurance Corporation is Florida’s largest property insurance provider and as I discussed recently, is exposed to bad faith, according to the First District Court Appeal.… Continue Reading

Florida Court Finds Citizens Property Insurance May be Subject to Bad Faith liability if it Fails to Adjust Claims “Carefully, Timely, Diligently, and in Good Faith”

On January 23, 2014, Florida’s First District Court of Appeal overturned a trial court order that found Citizens Property Insurance Corporation was immune from bad faith liability. The First District held that the statute subjecting insurers to bad faith liability for railing to act in good faith, also applies to Citizens.1… Continue Reading

Cheap Sinkhole Repairs Threaten Property Owners

On November 14, 2013, a sinkhole forced more families out of their homes in Dunedin, Florida. This hits especially close to home because I grew up in Dunedin and attended high school about one mile away from the affected neighborhood.… Continue Reading

Citizens’ Double Standard in Sinkhole Loss Claims

If you live in Florida, you have seen the media reports over the past year and half exposing Citizens Property Insurance Corporation’s many failures. Citizens’ approach to Sinkhole Loss claims is no different. Florida law requires all insurance carriers, including Citizens, to repair below ground damages and immediately tender the actual value of the above … Continue Reading

Repaired Your Sinkhole and the Damages are Back? A Florida Woman’s Home is Worse Off After Her Carrier Allegedly Repaired Her Home

Many insurance carriers attempt to force their insureds into subsurface repair contracts based on the carrier’s recommendations. In fact, carriers will refuse to provide coverage for a valid sinkhole claim unless the property owner repairs the property exactly the way the carrier recommends. Interestingly, the carrier will not agree to be liable if the recommended … Continue Reading