Bill aims to reduce home insurance costs by restricting attorneys’ fees
Chief Financial Officer
For six straight years, efforts to reach compromise on the issue have ended in stalemate between legislators loyal to insurers and trial attorneys.
But this year, insurers are more confident.
Broxson announced early in Tuesday's meeting that he planned to grind away until a resolution is reached.
"We're going to deal with this issue this session if we have to spend every meeting of this committee [on it]," he said.
Failure to act will keep the number of lawsuits -- and resulting insurance premiums -- rising ever higher, said the three officials
The number of lawsuits involving residential properties against all insurers in
Until recently,
Insurers say a small group of plaintiff's attorneys are driving up costs by exploiting a state law originally created to help consumers. The law reimburses legal fees for insurance customers that sue over a claims dispute and their insurer loses or agrees to pay any amount over the original offer, the insurance officials told the committee. Meanwhile, customers aren't at risk of paying their insurers' legal costs if their suits don't succeed.
The plaintiff's attorneys discovered they could use these protections to create large numbers of lawsuits -- and a deep reservoir of legal fees, insurers contend. More than a decade ago, a single attorney began teaching repair contractors, usually roofers or water restoration contractors, how to convince homeowners to sign over their right to seek payment from insurers on an affidavit known as an "assignment of benefits."
After securing assignments, contractors bill their insurers and their attorneys file suit if the insurer denies or refuses to pay the full invoiced amount.
Plaintiff's attorneys contend they wouldn't have to file so many suits if insurers didn't deny or underpay so many claims.
Broxson's bill would prevent the right to collect attorney fees under an insurance policy unless representing a named insured or named beneficiary and not when representing anyone "assigned or extended by agreement." Broxson said Tuesday that he expects to amend the bill so it pertains only to property insurance and the auto glass portion of auto insurance.
Asked about the bill,
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