If Florida lawmakers buckle to the power of attorneys, property-insurance reform a long shot | Opinion [Miami Herald]
The odds are about the same as those for the
The special session’s proximity to the following week’s official start of the
That’s one part of the problem, and it’s certainly a factor in the difficulty some of Florida’s property insurers are now having in obtaining reinsurance, which is insurance for insurance companies. Reinsurance is sold in a global marketplace that’s currently being roiled by multiple natural disasters and man-made crises.
There are worries that some of Florida’s property insurers may not be able to afford reinsurance coverage when their current policies expire on
Keeping multiple providers in Florida’s property insurance marketplace is important if the state is to avoid serious economic problems, such as having its extremely important housing market grind to a halt for reasons that are encapsulated in two scary scenarios.
Scenario 1: Your mortgage application was approved, but you can’t find property-insurance coverage, so you’re stuck.
Scenario 2: A storm destroys your home. Your call your insurance company. It responds “Sorry, we’d like to help you, but we’re broke. Contact the state.”
Insurance companies going broke isn’t as unusual as policyholders may assume. Indeed, as reporter
It’s complicated
While there’s no doubt that Florida’s vulnerability to hurricanes is a factor in the state’s high property insurance rates, it’s not necessarily the most important factor, as indicated by the high cost for other kinds of coverage, such as medical malpractice, workers compensation, and car insurance — policies whose costs have little or nothing to do with hurricane exposure.
In fact, only
Why? Because, especially in the fraud capital of
Suddenly that vehicle’s driver slams on his brakes. Result: a rear-end crash and a lawsuit wherein the “injured” driver claims that he suffers from severe whiplash, with costly treatments needed from doctors, physical therapists and even masseurs who just happen to be in on the deal.
Often, in calculating the cost of defending against such claims, insurers will settle for an amount that, though large, is cheaper than taking the case to a court. That’s because if the case does go to court and somehow results in a jury trial, the plaintiff’s lawyer will stage a little drama featuring the “victim” in a neck brace retelling his tale of misery.
Sympathetic jurors will be left to wonder why a deep-pockets insurance company is fighting such a claim. Their bias is enhanced by personal-injury law firms’ ads that constantly demonize insurance companies.
Lawyers rule
Similarly, with property insurance, costs are inflated by blatant fraud, the unbridled power of Florida’s personal-injury lawyers, and “settlement mills.” As researcher
(Disclosure: From 2005 to 2014, I served as The James Madison Institute’s policy director.)
Florida’s Insurance Commissioner
Meanwhile, a report by the
In the Legislature, overcoming the personal-injury lawyers’ power and influence won’t be easy because all the lawyers need to do is to prevent any meaningful changes from occurring. One roadblock will suffice.
On the other hand, the reformers must run the gauntlet of House,
So, for meaningful reforms to become a reality, lawmakers will need to defy the personal-injury attorneys for once and align themselves in support of a series of serious lawsuit reforms and other changes.
The lack of tort reform is driving up the price of insurance, including for property. Litigation is driving up Floridians’ cost of living. For the plaintiffs, filing lawsuits may be free, but everyone else must pay the price.
©2022 Miami Herald. Visit miamiherald.com. Distributed by Tribune Content Agency, LLC.


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