Planning, Communications, Advocacy
Now that an unprecedented package of tort reform has finally moved through the legislature and is on its way to the Governor, another piece of equally important reform has just begun its trek. SB-1398 and its’ House companion HB-1185 (by Rep. Giallombardo) are consumer protection initiatives from the CFO’s office—the varied subject matter thankfully includes Public Adjusters (PA’s). [Read more…] about Needed PA Reforms!
An important initiative takes aim at Assignment of Benefits (AOB) for windshield repairs. Outlawed in property insurance during December’s special session, AOB for windshields was on the chopping block in the 2021 PIP repeal bill until Governor DeSantis vetoed it.
Now, despite substantial property tort reforms during the last special session (SB-2A), the Governor and legislative leaders are looking for more tort reform outside the property realm. “Windshield Bullies” are in the crosshairs. [Read more…] about WINDSHIELD BULLIES!
Is it possible out-of-state folks have read my articles on Public Adjusters—articles about the highest PA fees in America being permitted in Florida?
Or is it more likely they don’t read my articles at all and still reached the same conclusion, which is a 20% contingency is an incentive for fraudulent inflation of claims or the creation of claims when they would otherwise not have existed. (See NOTE #1 below)
Either way, some states are beginning to “SEE THE LIGHT.” [Read more…] about PUBLIC ADJUSTER FEES…2.5%!
A few years back I opined that it seems like the courts spend a disproportional amount of time litigating the obvious.
Case in point. The appraisal clause in most homeowner’s policies is constructed to resolve disputes regarding the amount of a claim. In “How Interested are the Disinterested?” I said it was “absurd” for Public Adjusters (PA’s) to act as both a “disinterested” appraiser while also being paid a contingency on the same claim. [Read more…] about Supreme Court Rules…FINALLY!
I promise this is my last word on the Strems saga… probably. Recall my last post “Collapse of an Evil Empire…DISBARRED!” where I wrote that “…based on his cumulative behavior” the Supreme Court of Florida (SCOF) had finally ruled to “disbar” Scot Strems. I mistakenly said the disbarment was “permanent.”
Now comes the Strems team which responded with a petition for rehearing to replace the “non-permanent” disbarment with a 3-year rehabilitative suspension. They also propose that the requested suspension become effective when Strems was first suspended back in June of 2020. If granted, Strems could begin practicing law as early as June 9 of this year. [Read more…] about STREMS—The Final Chapter?
Lady justice has two hands–one holds the scales of justice, the other a sword. It’s taken over two full years, but…an end is finally here to the saga penned the “Collapse of an Evil Empire.” It arrived yesterday (December 22, 2022) with a Supreme Court decision disbarring Scot Strems from the practice of law. [Read more…] about Collapse of an Evil Empire…DISBARRED!
Having addressed the predominant drivers of Florida’s litigation economy, lawmakers wrapped up their property insurance reform package last Wednesday and went home. They also provided some relief for Hurricane Ian victims and implemented toll-road discounts for frequent travelers. (See NOTE #1 below)
For those who deal with the public, especially insurance agents, consultants and the like, I highly suggest you review the Staff Analysis of SB-2A. Print it out. Keep it handy. Make sure your co-workers have a copy. It’s a detailed synopsis of the rationale and data that drove this important reform effort. You’ll also find links to every source document, including OIR studies, Citizens data, litigation reports, media coverage and more. You’ll be fully equipped to answer client questions and consumer inquiries regarding the substance in the bill. [Read more…] about A Great First Step…
The obvious question is whether lawmakers will finally do what’s necessary to stop Florida’s epidemic of fraud and abusive litigation—a query spawned by previous reforms that appeased powerful abusers with halfway measures, some of which were (and still are) being litigated.
No need to belabor here unimpeachable data on property insurance lawsuits and the resulting premium increases. This blogsite has many articles and docs on both the damage done and the cause of the damage (See Library tab &/or use Search bar).
Two milestones in Florida’s property marketplace were reached last week. Neither is hopeful. Neither received deserved fanfare. Both foreshadow straits that are increasingly dire.
Last month was the two-year anniversary of the two-year emergency suspension of Scot Strems license to practice law—the result of Florida Bar investigations regarding “…mendacious, bad-faith conduct.” All initiated before data became available showing Florida has close to 80% of America’s total property insurance lawsuits. [Read more…] about SCOT STREMS UPDATE by BARRY ZALMA!