Florida Justice Reform Institute

Florida bill would shield herbicide, pesticide distributors, manufacturers from product-liability lawsuits

/in

Florida Record

William Large  Florida Justice Reform Institute President William Large said distributors, dealers and manufactures of federally approved herbicides would be exempt from certain lawsuits under a Florida bill. | Florida Justice Reform Institute

By Michael Carroll
Mar 14, 2025

Critics of large damages payouts from lawsuits challenging the safety of pesticides and herbicides are supporting a Florida bill that would help to shield distributors, dealers, applicators and manufacturers of such products from civil litigation.

House Bill 129, introduced by Rep. J.J. Grow (R-Inverness), mirrors bills proposed in other states to respond to what critics see as out-of-control product-liability lawsuits that hurt farmers and others who use herbicides or pesticides that comply with the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

William Large, president of the Florida Justice Reform Institute (FJRI), emphasized that the such products have been approved by the U.S. Environmental Protection Agency and are scientifically determined not to cause unreasonable adverse effects on public health. Yet litigation alleging that Roundup causes cancer continues to be filed in Florida and elsewhere.

“What this law is aiming to do … is an attempt to set out that if you are in compliance with the labeling requirements, and you are using the product pursuant to the instructions given by the EPA, you can’t be held liable,” Large told the Florida Record.

The FJRI has published a white paper and summary of its arguments in support of legal reforms such as HB 129 to rein in litigation against those who use or market such products in a way that’s consistent with label instructions and its intended use.

“Pesticide manufacturers, distributors, sellers and applicators should not face astronomical litigation risk for products-liability claims involving pesticides that comply with FIFRA’s comprehensive requirements and have been determined by both the EPA and FDACS (Florida Department of Agriculture and Consumer Services) to have no unreasonable risk to human health and the environment,” the FJRI argues.. “Such litigation risk reduces farmers’ ability to protect crops and maintain important conservation practices, and threatens food availability and affordability across the nation.”

The bill would bar such civil lawsuits against pesticide or herbicide distributors, dealers, applicators or agricultural employers under the Florida Pesticide Law unless the defendant altered or modified the product that is the subject of litigation, or used the product in ways not consistent with labeling, according to the text of the bill.

In addition, “failure to warn” lawsuits would not be allowed to be filed against manufacturers of these products provided the product is EPA-approved, is consistent with FIFRA health assessments and follows federal labeling requirements.

“You have a lot of cases where individuals are diagnosed with cancer,” Large said. “ … We don’t know all the reasons people develop cancer. It’s multifactorial. But plaintiffs’ attorneys will say that if you used this product, that may have been the source of your cancer.”

Recent cases filed against Monsanto, the manufacturer of Roundup, have led to the imposition of liability on the manufacturer, even though the EPA has determined that Roundup’s active ingredient, glyphosate, does not present an unreasonable risk to public health, according to FJRI.

“These cases have opened the floodgates to litigation against Roundup’s manufacturers, distributors, sellers and applicators and are resulting in the unworkable patchwork of state-law requirements for pesticides that FIFRA was intended to prevent,” the FJRI’s white paper states.

Those opposed to exemption bills such as HB 129 contend that they would block average citizens claiming injuries from accessing the court system and making their case to juries.

HB 129 would take effect on July 1 if approved by lawmakers and signed by the governor.

https://flarecord.com/stories/670497751-florida-bill-would-shield-herbicide-pesticide-distributors-manufacturers-from-product-liability-lawsuits

Florida Justice Reform Institute

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Pensacola News Journal

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%.

William Large – Florida Justice Reform Institute
March 14, 2025
Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

This was partly due to a legal environment that was too friendly to lawsuits against insurers. For a long time, Florida law allowed plaintiffs’ attorneys to recover their fees if they prevailed against insurers, even if the amount they secured through litigation was minimal; these fees were “one way” because plaintiffs faced no reciprocal risk that they would have to cover the insurance company’s attorney fees if plaintiffs lost. Assignments of benefits were also misused by third parties in order to access these statutory, “one way” attorney fees

Florida homeowners were left to foot insurance bill hikes

Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers

In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.

William W. Large

William W. Large

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

https://www.pnj.com/story/opinion/columns/your-voice/2025/03/14/florida-home-property-insurance-desantis/82241314007/

Florida Justice Reform Institute

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%.

William Large – Florida Justice Reform Institute
March 14, 2025
Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

This was partly due to a legal environment that was too friendly to lawsuits against insurers. For a long time, Florida law allowed plaintiffs’ attorneys to recover their fees if they prevailed against insurers, even if the amount they secured through litigation was minimal; these fees were “one way” because plaintiffs faced no reciprocal risk that they would have to cover the insurance company’s attorney fees if plaintiffs lost. Assignments of benefits were also misused by third parties in order to access these statutory, “one way” attorney fees

Florida homeowners were left to foot insurance bill hikes

Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers

In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.

William W. Large

William W. Large

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

https://www.theledger.com/story/opinion/columns/your-voice/2025/03/14/florida-home-property-insurance-desantis/82241314007/

Florida Justice Reform Institute

YOUR-VOICE How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Tallahassee Democrat

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%.

William Large – Florida Justice Reform Institute

Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

This was partly due to a legal environment that was too friendly to lawsuits against insurers. For a long time, Florida law allowed plaintiffs’ attorneys to recover their fees if they prevailed against insurers, even if the amount they secured through litigation was minimal; these fees were “one way” because plaintiffs faced no reciprocal risk that they would have to cover the insurance company’s attorney fees if plaintiffs lost. Assignments of benefits were also misused by third parties in order to access these statutory, “one way” attorney fees.

Florida homeowners were left to foot insurance bill hikes

Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers

In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.

William W. LargeWilliam Large – Photo provided by Florida Justice Reform Institute

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

https://www.tallahassee.com/story/opinion/columns/your-voice/2025/03/14/florida-home-property-insurance-desantis/82241314007/

Florida Justice Reform Institute

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%.
William Large – Florida Justice Reform Institute

Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

This was partly due to a legal environment that was too friendly to lawsuits against insurers. For a long time, Florida law allowed plaintiffs’ attorneys to recover their fees if they prevailed against insurers, even if the amount they secured through litigation was minimal; these fees were “one way” because plaintiffs faced no reciprocal risk that they would have to cover the insurance company’s attorney fees if plaintiffs lost. Assignments of benefits were also misused by third parties in order to access these statutory, “one way” attorney fees.

Florida homeowners were left to foot insurance bill hikes
Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Homeowners insurance costs: Insurance still tops concerns for Floridians despite legislative changes, survey shows
Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers
In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.

William W. LargeWilliam Large

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

Florida Justice Reform Institute

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Palm Beach Post

Opinion

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

William Large

Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

Florida homeowners were left to foot insurance bill hikes

Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers

In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.
William W. Large William Large

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

This article originally appeared on Palm Beach Post: Florida home insurance costs less with more companies | Opinion

https://www.yahoo.com/news/much-pay-property-insurance-florida-090520712.html

Florida Justice Reform Institute

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%.
William Large – Florida Justice Reform Institute

Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

This was partly due to a legal environment that was too friendly to lawsuits against insurers. For a long time, Florida law allowed plaintiffs’ attorneys to recover their fees if they prevailed against insurers, even if the amount they secured through litigation was minimal; these fees were “one way” because plaintiffs faced no reciprocal risk that they would have to cover the insurance company’s attorney fees if plaintiffs lost. Assignments of benefits were also misused by third parties in order to access these statutory, “one way” attorney fees.

Florida homeowners were left to foot insurance bill hikes

Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers

In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.

William W. Large William Large, Photo provided by the Florida Justice Reform Institute

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

https://www.news-press.com/story/opinion/columns/your-voice/2025/03/14/florida-home-property-insurance-desantis/82241314007/

Florida Justice Reform Institute

Suing insurers would become easier under bill that passes first legislative hurdle

/in

Orlando Sentinel

Florida’s Capitol building was the site of a House Civil Justice & Claims Subcommittee hearing to consider a hotly contested insurance bill on Thursday. (Dreamtime/TNS)

By Ron Hurtibise | rhurtibise@sunsentinel.com | South Florida Sun Sentinel
UPDATED: March 14, 2025 at 3:08 PM EDT

Policyholders would find it easier to sue their insurance companies under a bill that passed its first hurdle in the Florida Legislature on Thursday.

But insurers warned that the bill would trigger the return of excessive lawsuits driven by so-called “one-way attorney fees” and undo progress that the insurance marketplace has achieved since reforms were enacted in 2022 and 2023.

Rep. Hillary Cassel, a Broward County-based attorney who represents policyholders in insurance disputes, sponsored the bill that she said would “strike a balanced approach” by awarding attorney fees to the prevailing party in lawsuits.

The bill would not lead to excessive litigation, she said, because unlike before the reforms, policyholders would no longer be held harmless if they sue their insurer and lose, she said.

The bill, Cassel said, “creates a prevailing party standard, otherwise known as ‘loser pays,’ for awarding reasonable attorney’s fees by a judge after a judgment is obtained in an insurance contract dispute.”

The bill cleared the House Civil Justice & Claims Subcommittee by a 16-1 vote. Only Rep. Susan Plasencia, a Central Florida Republican, voted against it.

An analysis posted on the House website explained that the bill would create a “two-way” attorney fee structure by awarding legal fees to the prevailing party in disputes. Insurers would be required to pay policyholders’ fees if a policyholder obtains a judgment exceeding an insurer’s “highest written good faith settlement offer.” The insurer would collect if a policyholder challenges that offer but is denied a greater sum, according to the analysis.

Prior to the reforms of 2022 and 2023, Florida law required insurers to pay policyholders if insurers ended up paying any amount over their original offer. Policyholders, meanwhile, were not required to pay insurers’ fees if they challenged and lost.

The arrangement morphed into a cottage industry for a small number of law firms that solicited plaintiffs door to door and bombarded insurers with litigation, insurers have long contended.

Plaintiffs attorneys argue that repeal of the one-way attorney fee statute required dissatisfied policyholders to pay attorneys out of their own pockets or agree to forfeit a quarter of any award. It also discouraged attorneys from representing policyholders in low-dollar claims that would not pay enough to justify the required effort, attorneys have said.

Supporters of the bill who attended the hearing included the Florida Medical Association, which represents physicians, the Merlin Law Group, a plaintiffs firm, and the Florida Justice Association, a trade and lobbying group for plaintiffs attorneys.

Opponents of the bill at the hearing included insurance industry lobbying groups, including the Association of Professional Insurance Agents, the National Association of Mutual Insurance Companies and the Florida Justice Reform Institute.

Katelyn Ferry, an insurance defense attorney and lobbyist for the Florida Justice Reform Institute, argued that the reforms are working and should be given more time. A provision of the reforms requiring plaintiffs to file notices that they intend to sue is leading insurers to settle claims before they proceed to litigation, Ferry said.

“Make no mistake: If this bill passes, it’ll eradicate Florida’s insurance market and devastate the citizens,” she said. “The positive changes brought about from the 2022 legislation will be erased. Carriers will begin leaving the state of Florida and we’ll face carrier insolvency. Homeowners will see spikes in their insurance premiums, which they cannot afford.”

Even if the bill is enacted, it remains to be seen whether it will survive a veto by Gov. Ron DeSantis.

During his State of the State address last week, DeSantis praised the Legislature for enacting “historic reforms” that have reduced the rate of increase of insurance premiums and encouraged 11 new insurance companies to enter the Florida market.

A few of the House members who supported Cassel’s bill said they were motivated in part by a Tampa Bay Times news article in February that stated insurers in a study reported losing $432 million between 2017 and 2019. Meanwhile, the study their affiliate companies showed a net income of $1.8 billion, said the Times report, which also was published by the South Florida Sun Sentinel.

Lori Augustyniak, president of the Professional Insurance Agents of Florida and a partner at the Bradenton-based Horizon Insurance agency, said in an essay published this week that the report was “misleading, incorrect and flawed.”

“Insurers don’t ‘hide’ money — they allocate capital to affiliates for reinsurance, operational efficiency, and regulatory compliance,” Augustyniak wrote. “This is an industry-standard practice monitored by state regulators to ensure financial stability and protect policyholders.”

But Rep. Ashley Gantt, a Miami-Dade County Democrat, likened the report to a “Scooby-Doo” episode that reveals that insurance companies, and not plaintiffs attorneys, were the actual villains of Florida’s insurance crisis.

“It’s insulting,” Gantt said. “This bill provides the justice that our constituents actually need.”

A hearing in response to the Times story was held Friday before the House Insurance and Banking Subcommittee in Tallahassee.

Ron Hurtibise covers business and consumer issues for the South Florida Sun Sentinel. He can be reached by phone at 954-356-4071 or by email at rhurtibise@sunsentinel.com.

Suing insurers would become easier under bill that passes first legislative hurdle

Florida Justice Reform Institute

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Naples Daily News

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%.
William Large –  Florida Justice Reform Institute

Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

This was partly due to a legal environment that was too friendly to lawsuits against insurers. For a long time, Florida law allowed plaintiffs’ attorneys to recover their fees if they prevailed against insurers, even if the amount they secured through litigation was minimal; these fees were “one way” because plaintiffs faced no reciprocal risk that they would have to cover the insurance company’s attorney fees if plaintiffs lost. Assignments of benefits were also misused by third parties in order to access these statutory, “one way” attorney fees.

Florida homeowners were left to foot insurance bill hikes

Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers

In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.

William W. LargeWilliam Large, Photo provided by the Florida Justice Reform Institute

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

https://www.naplesnews.com/story/opinion/columns/your-voice/2025/03/14/florida-home-property-insurance-desantis/82241314007/

Florida Justice Reform Institute

How much do you pay for property insurance in Florida? Here’s some good news. | Opinion

/in

Palm Beach Post

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%.
William Large Florida Justice Reform Institute

March 14, 2025

Gov. Ron DeSantis earlier this month revealed good news when it comes to Florida’s insurance market. Yes, good news.

During the last three years, the Florida Legislature has passed meaningful reforms to address unrestrained litigation and reign in skyrocketing attorneys’ fees, and their efforts are bringing down the cost of insurance, inviting more competition into the market and giving consumers more choice for coverage on their home and auto.

Between 2019 and 2023, average homeowner premiums in Florida surged nearly 60%. Not only were homeowners paying more for property insurance, but they had access to less coverage and fewer providers to choose from.

This was partly due to a legal environment that was too friendly to lawsuits against insurers. For a long time, Florida law allowed plaintiffs’ attorneys to recover their fees if they prevailed against insurers, even if the amount they secured through litigation was minimal; these fees were “one way” because plaintiffs faced no reciprocal risk that they would have to cover the insurance company’s attorney fees if plaintiffs lost. Assignments of benefits were also misused by third parties in order to access these statutory, “one way” attorney fees.

Florida homeowners were left to foot insurance bill hikes

Unfortunately, the average Florida homeowner was left to foot the bill when insurance providers were forced to raise costs to cover excessive litigation. Many insurers determined that it was too costly to do business in Florida. By the end of 2024, more than 30 insurance providers had exited Florida’s marketplace.

The reforms began in 2021 when Senate Bill 76 required plaintiffs to notify an insurer before a lawsuit is filed. In turn, insurers are given an opportunity to reconsider a coverage denial and attempt to resolve a claim before it is the subject of litigation. The legislation also offered consumers additional protections from unscrupulous contractors.

Then in 2022, Senate Bill 2D, developed and passed during a special session called by the Governor, included additional tort reforms. This legislation prohibited assignment of the right to obtain attorney fees to anyone other than an insured or beneficiary named in the policy, thus eliminating abuse of these arrangements by third parties as a way to obtain attorney fees.

Later in 2022, another special session led to the passage of Senate Bill 2A. Senate Bill 2A eliminated the statutory right to recover attorney fees in a lawsuit arising under a residential or commercial property insurance policy.

Importantly, this legislation also implemented greater protections for consumers. The law requires insurance companies to be more responsive to their customers by limiting the time they have to respond to claims.

Building on these reforms, the Florida Legislature also passed House Bill 837 in 2023 to eliminate exorbitant attorney’s fees, strengthen negligence standards and provide stronger defense to those targeted by excessive litigation.

While our state leaders acted swiftly to develop, pass and implement solutions, we knew it would take time for these policies to stabilize the market. Now, the trends are moving in the right direction, providing much-needed relief to Florida’s homeowners.

Florida has 11 new insurance providers

In 2024, Florida had the lowest average homeowners’ premium increases in the nation, with an average statewide rate hike of just 1%. At the same time, premiums in other states have surged by more than 20%.

In addition, there are 11 new insurance providers in the market. And the providers that remain are expanding their business and filing for rate decreases.

This is only the beginning. As timelines run out for trial attorneys to pursue litigation under the more litigation-friendly law, the environment will continue to stabilize, reducing the burden of excessive litigation and bringing down costs even further.

William W. Large William Large, Photo provided by the Florida Justice Reform Institute.

Our state is proof that strong conservative leadership on the state level can lead to meaningful reforms. The steps our Governor and Legislature have taken are bringing stability to the market, leading to more choices and lower costs for Florida homeowners.

William Large is the president of the Florida Justice Reform Institute.

https://www.palmbeachpost.com/story/opinion/columns/your-voice/2025/03/14/florida-home-property-insurance-desantis/82241314007/

Florida Justice Reform Institute

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