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Florida Justice Reform Institute

Linda Stewart files bill to ‘fix the cracks’ in auto glass repairs

February 22, 2023/in Florida Politics

 

Florida Politics

Linda Stewart

Drew Wilson – February 22, 2023

It would ban auto glass AOBs and prohibit repair shops from offering cash or gift cards to customers.

Sen. Linda Stewart filed legislation this week that would ban assignment of benefits lawsuits for auto glass repairs, a reform long sought by insurers.

Assignment of benefits, or AOB, is a legal process that allows policyholders to sign over their insurance benefits to a third party in exchange for a quick repair. Insurance companies say AOB lawsuits are one of the top drivers of premium increases.

Stewart’s bill (SB 1002) follows one filed by Rep. Griff Griffitts last month (HB 541) that would also end AOBs for windshield and other glass repairs. Stewart’s bill would go a step further by prohibiting repair shops from offering gift cards, cash or other pot sweeteners to entice customers.

“We have all seen the signs offering us cash or gift cards to have our windshields replaced,” Stewart said.

“These incentives sound great, but the reality is some of these services are using you to sue your insurance for more money than the replacement actually costs. This behavior ultimately contributes to the ever-increasing auto insurance rates as insurers raise rates to compensate for their losses from this practice.”

Stewart’s Orange County district was home to 28% of auto-glass lawsuits filed in 2022. Data from the Florida Department of Financial Services Service of Process database shows that just 20 lawyers accounted for 95% of auto-glass lawsuits filed last year.

AOB restrictions have been proposed for the past several Legislative Sessions, and legislation curbing their use in property insurance claims has found success. However, there has been no meaningful reform on auto glass lawsuits despite multiple efforts.

The new bills come amid a rise in another practice insurers say is rife with abuse — calibration of advanced driver assistance features. The Senate bill would require customers to receive a notice stating why they need a recalibration for some components of their car to work properly.

“Today’s cars have a slew of new features integrated into the windshield to improve driver safety,” Stewart said. “Without notice that these systems need to be calibrated after a windshield replacement, drivers could find themselves in dangerous situations or at a service provider surprised by the costs and possibly having to pay out of pocket for the calibration of these features.”

A coalition of insurance and tort reform groups known as “Fix the Cracks” said it is in favor of both bills as well as the broader tort reform package (HB 837) sponsored by Rep. Tommy Gregory with the support of Gov. Ron DeSantis and legislative leadership.

“Auto glass abuse is occurring more and more often, and most of the time the consumer doesn’t even know their insurance company has been sued on their behalf,” said Michael Carlson, the President and CEO of the Personal Insurance Federation of Florida.

“The jig is up. It is out in the open for all to see. Lawmakers want to end this madness, and we are grateful to Senator Stewart and Representative Griffitts for being among those stepping up to the challenge.”

Florida Justice Reform Institute President William Large added, “Gov. DeSantis called for legislation to create a more predictable, stable legal environment, and HB 837, HB 541 and SB 1002 will do just that.”

https://floridapolitics.com/archives/590219-linda-stewart-files-bill-to-fix-the-cracks-in-auto-glass-repairs/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-02-22 15:54:522024-11-24 21:48:29Linda Stewart files bill to ‘fix the cracks’ in auto glass repairs
Florida Justice Reform Institute

Takeaways from Tallahassee — Come one, come all

February 18, 2023/in Florida Politics

 

Florida Politics

Fla Politics

Tort reforms inbound: House Judiciary Committee Chair Rep. Tommy Gregory this week filed a 22-page bill that makes significant changes to the state’s tort system, eliminating one-way attorney fees and attorney fee multipliers across all lines of insurance and putting the kibosh on the use of letters of protection (LOP). At press time there was no companion for Gregory’s HB 837. Florida Justice Reform Institute President William Large said “solving” the LOP issue was the “most important” issue to tackle this Session.

Meanwhile, DeSantis appeared with legislative leaders this week to announce his support for the changes. “You have a lot of use of the legal system that’s been put toward not benefiting someone in the system,” DeSantis told reporters in Jacksonville. “We don’t want cases that are brought where we know there’s no real liability but nevertheless it adds to the cost.” DeSantis didn’t release any details regarding the changes he’d like to see made this Session.

https://floridapolitics.com/archives/589266-takeaways-from-tallahassee-come-one-come-all/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-02-18 15:54:522024-11-24 21:49:35Takeaways from Tallahassee — Come one, come all
Florida Justice Reform Institute

Diagnosis for 2.15.23: Checking the pulse of Florida health care news and policy

February 15, 2023/in Florida Politics

Florida Politics

Diagnosis for 02.15.23

Christine Jordan Sexton – February 15, 2023

—The new enemy: LOP: Move over AOB — there’s a new thorny issue with an acronym business interests want tackled: LOP. A letter of protection (LOP) is a letter sent to a medical professional by a plaintiff’s attorney representing the patient. LOPs guarantee the provider payment for medical treatment from a future lawsuit settlement or verdict award. Therefore, if the patient is insured, providers don’t bill the insurers, Medicare or Medicaid. Florida Justice Reform Institute President William Large said letters of protection enable plaintiff attorneys to inflate the value of past medical bills and, moreover, allow plaintiffs to “get around” the setoff rule. Large hypothesizes the use of LOPs artificially inflates the costs of settlements by 400%.

https://floridapolitics.com/archives/588710-diagnosis-for-2-15-23-checking-the-pulse-of-florida-health-care-news-and-policy/  

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-02-15 15:54:512024-12-06 11:37:46Diagnosis for 2.15.23: Checking the pulse of Florida health care news and policy
Florida Justice Reform Institute

Business groups target letters of protection for upcoming 2023 Session

February 13, 2023/in Florida Politics

Florida Politics

William Large

Christine Jordan Sexton – February 13, 2023

‘If you ask me what is the most important thing you can do on civil justice or lawsuit abuse, it’s solving this issue.’

Now that the long-running lobbying over AOB (assignment of benefits) has been resolved, business interests are targeting another thorny issue with an acronym they want tackled: LOP.

A letter of protection (LOP) is a letter sent to a medical professional by a plaintiff’s attorney representing the patient. LOPs guarantee the provider payment for medical treatment from a future lawsuit settlement or verdict award. Therefore, if the patient is insured, providers don’t bill the insurers Medicare or Medicaid.

“If you ask me what is the most important thing you can do on civil justice or lawsuit abuse it’s solving this issue,” Florida Justice Reform Institute President William Large said at the Associated Industries of Florida Florida Business Forum event in Tallahassee.

Large said letters of protection enable plaintiff attorneys to inflate the value of past medical bills and, moreover, allow plaintiffs to “get around” the set-off rule.

Large hypothesizes the use of LOPs artificially inflates the costs of settlements by four times the amount.

Because the providers are going outside the insurance system, the costs of care are higher. 

The higher the costs of past care, the higher the costs of future care, and the higher the amount of pain and suffering juries are willing to award. Large said his analysis shows lawsuits with past medical costs of $90,000 or more can yield big verdict returns.

“There’s a real incentive to increase the past medicals,” Large told the crowd.

Additionally, the use of an LOP allows plaintiff attorneys to circumvent the “set-off rule” which allows the amount paid by the insurer and accepted by the health care providers to be deducted from past medical bills.

Because the medical bills are outstanding and payment has been made, there is no set off.

LOPs, Large said, increase costs by “five or sixfold” every time they are used.

Florida Trucking Association President & CEO Alix Miller said LOPs are a reason the 10 insurance carriers for the trucking industry have been driven out of the market. Many trucking companies have seen their insurance rates double and their coverage reduced by half.

She said the trucking companies, many of which she called mom-and-pop businesses, earn 6 cents on the dollar, and “have no choice but to cover our legal expenses of frivolous lawsuits onto the movement of goods.”

Miller said FTA estimates that the tort tax translates up to $5,000 annually.

LOPs have been a priority issue for the business community over the last several years with Publix throwing its weight behind changes.

https://floridapolitics.com/archives/588036-business-groups-target-letters-of-protection-for-upcoming-2023-session/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-02-13 15:54:502024-12-06 11:40:56Business groups target letters of protection for upcoming 2023 Session
Florida Justice Reform Institute

Retired Florida Supreme Court justice, prominent attorneys, launch new powerhouse firm

February 3, 2023/in Florida Politics

Florida Politics

Retired Florida Supreme Court justice, prominent attorneys, launch new powerhouse firm

Staff Reports – February 3, 2023

Several top Florida businesses, trade associations, and state agencies have already engaged the new firm.

Alan Lawson, who retired in August as a Justice on the Florida Supreme Court, is teaming up with Paul Huck, Jason Gonzalez and Amber Nunnally to launch Lawson Huck Gonzalez, PLLC.

Several top Florida businesses, trade associations and state agencies have already engaged the new firm on its first official day of operations.

The firm’s first offices are in Tallahassee and Miami and will focus on litigation, appeals, administrative hearings and government investigations.

Huck, the husband of Judge Barbara Lagoa of the U.S. Court of Appeals for the 11th Circuit, previously served as Chief Deputy Attorney General and General Counsel to the Florida Governor, and more recently as a partner in Jones Day’s Miami office.

Gonzalez also served as General Counsel to the Governor and often oversees high-profile cases for the government and business community. Gonzalez moved from Shutts & Bowen last month where he served as managing partner in its Tallahassee office and Chair of the firm’s appellate practice group.

Nunnally served as a top aide to then-House Speaker Marco Rubio and later clerked for Florida Supreme Court Justice Ricky Polston

Joining the quartet are a seasoned team of associate attorneys and litigation support staff experienced in complex litigation and appellate matters in federal and state courts throughout Florida.

On Day 1, the firm announced it was engaged by several top government and corporate clients: HCA Healthcare Florida, the Florida Chamber of Commerce, Florida Power & Light, NextEra Energy, Publix Supermarkets, Ajax Building Corporation, D.R. Horton, U.S. Institute for Legal Reform, Florida Healthcare Association, CrowderGulf, Florida Department of Transportation, Florida Department of Management Services, Security First Insurance Company, Tower Hill Insurance, and the Greater Miami Expressway Agency.

Florida Chamber President Mark Wilson welcomed the new firm:

“We are grateful to Justice Alan Lawson for his service on the Supreme Court and look forward to working with him and his new law partners. I’m excited he chose to team up with Jason Gonzalez whose work with the Florida Chamber has helped to change the legal climate in Florida for decades to come. Congratulations on the creation of a new Florida business and the newest Florida Chamber of Commerce member.”

 William Large, president of the Florida Justice Reform Institute agrees.

“Justice Alan Lawson, Jason Gonzalez, Paul Huck and Amber Nunnally have built an outstanding legal team. FJRI looks forward to continuing to retain these lawyers to file briefs in high-profile Florida appeals,” Large said.

For more information, visit lawsonhuckgonzalez.com or [email protected]

https://floridapolitics.com/archives/585565-retired-florida-supreme-court-justice-prominent-attorneys-launch-new-powerhouse-firm/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-02-03 15:54:502024-12-11 17:56:32Retired Florida Supreme Court justice, prominent attorneys, launch new powerhouse firm
Florida Justice Reform Institute

Blake Dowling: A chat with members of Florida’s newest powerhouse law firm

February 3, 2023/in Florida Politics

Florida Politics

Blake Dowling: A chat with members of Florida???�??�s newest powerhouse law firm

Blake Dowling – February 3, 2023

The firm announced that on Day One it was engaged by several top government and corporate clients.

Lawson Huck Gonzalez, PLLC is hitting the ground running.

From its first day, a number of influential Florida businesses, trade associations and state agencies have engaged the newly launched law firm, which began operations this week.

With offices in Tallahassee and Miami, the firm will focus on litigation, appeals, administrative hearings and government investigations.

As we begin 2023, I’d like to present the new powerhouse team of legal experts, each at the top of their game.

If you have worked in this space, you know them by name and reputation, please join me in celebrating the new firm, Lawson Huck Gonzalez as they open their doors today.

 Here are the elite professionals of Lawson Huck Gonzalez, PLLC: Alan Lawson, who retired in August as a Justice on the Florida Supreme Court; Paul Huck, Jason Gonzalez and Amber Nunnally.

Huck — husband of Judge Barbara Lagoa of the United States Court of Appeals for the 11th Circuit — previously served as Chief Deputy Attorney General and General Counsel to the Florida Governor, and more recently was a partner in Jones Day’s Miami office.

Lawson Law Group

Jason Gonzalez, Alan Lawson, Amber Nunnally, Paul Huck. Image via Lawson Huck Gonzalez.

Gonzalez also served as General Counsel to the Florida Governor and frequently handles high-profile cases for the government and business community. Gonzalez resigned from Shutts & Bowen last month where he served as managing partner of the firm’s Tallahassee office and Chair of the firm’s appellate practice group.

Nunnally served as a top aide to then-House Speaker Marco Rubio and later clerked for Florida Supreme Court Justice Ricky Polston

They are supported by a seasoned team of associate attorneys and litigation support staff, all experienced in complex litigation and appellate matters in federal and state courts throughout Florida.

The firm announced that on Day 1 it was engaged by several top government and corporate clients, including:

— HCA Healthcare

— Florida Chamber of Commerce

— Florida Power & Light

— NextEra Energy

— Publix Supermarkets

— Ajax Building Corporation

— D.R. Horton

— U.S. Institute for Legal Reform

— Florida Healthcare Association

— CrowderGulf

— Florida Department of Transportation

— Florida Department of Management Services

— Security First Insurance Company

— Tower Hill Insurance

— Greater Miami Expressway Agency

Florida Chamber of Commerce President Mark Wilson enthusiastically welcomed the firm.

“We are grateful to Justice Alan Lawson for his service on the Supreme Court and look forward to working with him and his new law partners,” Wilson said. “I’m excited he chose to team up with Jason Gonzalez, whose work with the Florida Chamber has helped to change the legal climate in Florida for decades to come. Congratulations on the creation of a new Florida business and the newest Florida Chamber of Commerce member.”

William Large, president of the Florida Justice Reform Institute concurred. “Justice Alan Lawson, Jason Gonzalez, Paul Huck and Amber Nunnally have built an outstanding legal team. FJRI looks forward to continuing to retain these lawyers to file briefs in high-profile Florida appeals,” said Large.

We sat down with these prominent legal minds to learn more about what brought them together and their backgrounds:

Blake Dowling: Why start your own firm now?

Alan Lawson: “After my retirement from the State, several friends with outstanding firms approached me about joining their practices. As Jason and I were talking, the idea of starting our own firm came up and we brought Paul and Amber into that conversation.  The timing was clearly right for each of us and things just came together.  For me, all the opportunities that presented themselves were fantastic — it’s just that none were as exciting as starting a firm with Paul, Jason and Amber. The team that we have put together is extraordinary and I know that we can fill a needed niche that will serve our clients extraordinarily well — and that we will enjoy working together to build a law firm marked by excellence and integrity.”

BD: Have you encountered any surprises or unexpected aspects of starting a new law firm?

Jason Gonzalez: “The support from our clients has been beyond anything I expected. All of our past clients came with us to the Lawson Firm. Several of them asked if they could be the first client of the new law firm. If you’ve ever risked everything to start a new business, you know that’s an emotionally overwhelming thing to hear. Their encouragement and investment in us is something I will never forget.

“Several new clients have reached out to retain us after hearing the news. As a result, we’re hiring several additional lawyers to help with the increased caseload. They are amazing lawyers who work at top law firms, and most were recommended to us by federal judges. We’ll be announcing their moves to the Lawson Firm over the next few weeks.”

BD: Where will the firm have offices?

Paul Huck: “We have offices in Tallahassee and Miami. While the firm has plans for growth in Tampa, West Palm Beach and Fort Lauderdale, it won’t be rushed. Hiring the highest quality attorneys will drive every decision we make related to expansion. In addition, we’ve engaged a litigation support group of part-time attorneys, all of whom worked at AmLaw 100 law firms. They enable us to undertake large complex litigation of any size.”

BD: Is there anything unique the firm offers to clients?

Amber Nunnally: “Our lawyers’ experience and qualifications are unique for a law firm offering small-firm hourly rates and personalized service. Our team is big enough to staff larger complex litigation like the big firms, but I’m not aware of another law firm of our size offering the experience of lawyers who have represented the biggest companies in Florida and the most powerful elected officials, including four Governors and two Attorneys General. Combine that with the experience of someone who presided over more than 100 jury trials as a circuit judge before serving for many years as a judge on the district court of appeal and then as a Justice on the Florida Supreme Court. I don’t know of another law firm offering that unique experience with small-firm service and rates.

“We also know and love Florida in ways some of the law firms with out-of-state headquarters may not. Our founding shareholders have lived, worked or served in all 67 counties. With nearly 100 years of combined experience, we’ve dedicated our legal careers to protecting Floridians’ constitutional rights and keeping our state a place where businesses, families and individuals thrive. We are passionate about this work and will never back down.”

BD: Justice Lawson, has it been hard to move from the court to private practice?

Alan Lawson: “Only in that I do miss working with my former colleagues at all levels of Florida’s judiciary — and with those who work tirelessly in support of our justice system. Beyond that feeling of loss, I am thoroughly energized at the thought of taking what I have learned from a diverse 35-year legal career and employing that knowledge to help build a firm of remarkable young lawyers who will serve clients well for decades to come. I started practice in 1987 and handled an array of litigation matters as an associate and partner at an exceptional Florida firm, Steel Hector & Davis. I was blessed to be able to work with and learn from some of Florida’s best attorneys — true professionals who practiced at the highest level, achieved extraordinary results for their clients and were genuinely good people. I then handled litigation for Orange County where, again, I honed my skills working with outstanding professionals who helped to shape and prepare me for a 22-year judicial career.

“During my years on the trial bench, I was privileged to preside over more than 100 jury trials; heard oral arguments in more than 1,000 appeals; closed approximately 7,000 cases at the trial level and decided more than 25,000 appeals. Those experiences have allowed me to further hone my skills in legal strategy and analysis and have prepared me for this new role.  My primary focus at Lawson Huck Gonzalez will be representing our clients and guiding our lawyers as they hone their skills, build their practices and seek the best result possible for our clients. I do look forward to getting back in the courtroom.”

For more information, please visit lawsonhuckgonzalez.com or [email protected]

___

Blake Dowling is CEO of Aegis Business Technologies; he can be reached at [email protected]

https://floridapolitics.com/archives/585574-blake-dowling-a-chat-with-members-of-floridas-newest-powerhouse-law-firm/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-02-03 15:54:502024-12-11 17:56:32Blake Dowling: A chat with members of Florida’s newest powerhouse law firm
Florida Justice Reform Institute

“Huge Win”

January 8, 2023/in Florida Politics

 

Florida Politics

January 8, 2023

The Florida Supreme Court this week answered a certified question from Florida’s 5th District Court of Appeal on relative damage awards in a tobacco-related wrongful death case.

The case, Coates v. R.J. Reynolds Tobacco Co., saw a jury award the plaintiff $150,000 in compensatory damages and $16 million in punitive damages, which are meant to punish defendants and serve as a deterrent for others.

William Large

William Large and the FJRI earned a major win this week.
Image via Colin Hackley.

The Florida Justice Reform Institute (FJRI), joined by the U.S. Chamber of Commerce and the American Tort Reform Association, previously filed an amicus brief in the case.

In its amicus, FJRI argued that “the 1997 version of the statutory cap found in section 768.73(1), Florida Statutes (1997) (the version applicable to this case), makes an award of punitive damages above the 3:1 ratio presumptively invalid.”

After the high court agreed, FJRI President William Large issued a celebratory statement.

“As the Court noted in its opinion, ‘judicial discretion must be constrained by statutory criteria in determining whether an award is excessive.’ This is a huge win for textualism and the notion that the judiciary’s role is to say what the law is and not what it should be,” he said.

https://floridapolitics.cmail20.com/t/i-e-qddddtt-trlttliyt-y/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-01-08 15:53:492024-12-06 12:15:46“Huge Win”
Florida Justice Reform Institute

Leader not a laggard

December 17, 2022/in Florida Politics

Florida Politics

December 17, 2022

Florida Justice Reform Institute President William Large praised DeSantis and the Florida Legislature for passing SB 2A.

“SB 2A includes substantial reforms that remove the incentive to file lawsuits over questionable claims,” Large said in a prepared release.

William Large William Large and FJRI say thank you. Image via Colin Hackley.

Established in 2005 and backed by the Florida Chamber, Large’s group lobbies the Legislature on all tort related issues, from workers compensation to medical malpractice to property insurance. Large said the bill provides “common sense solutions” that will hold all parties accountable.

“With his signature on Senate Bill 2A, Gov. DeSantis will have another opportunity to cement Florida’s reputation as a litigation reform leader and not a laggard.”

DeSantis signed the bill on Friday.

Meanwhile, the like-minded group Floridians for Lawsuit Reform also issued a prepared release on the property insurance reform package. The headline read: “Florida Lawmakers Deliver an Early Holiday Gift to Floridans and No Grinch in Sight.”

https://floridapolitics.com/archives/576940-takeaways-from-tallahassee-12-days-of-christmas-scams/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2022-12-17 15:53:472024-12-06 12:27:36Leader not a laggard
Florida Justice Reform Institute

Sunburn

December 7, 2022/in Florida Politics

Florida Politics

Sunburn

Peter Schorsch – December 7, 2022

The Florida Chamber of Commerce’s 2022 Insurance Summit continues today with discussions centered on the state’s litigation climate.

 After a recap of the 2022 elections, Florida Justice Reform Institute President William Large will moderate a panel on “fixing Florida’s legal climate.” FJRI and other tort reform groups have pinned the blame for rising rates on boatloads of frivolous lawsuits filed against insurers.

 Participating in the panel are Joseph Tessitore, a partner at Roper PA; Kansas Gooden, a shareholder at Boyd & Jenerette PA and Michele Morales, a partner at Cole Scott & Kissane.

 https://floridapolitics.com/archives/574465-sunburn-the-morning-read-of-whats-hot-in-florida-politics-12-7-22/

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Florida Justice Reform Institute

Initiative launches to ‘fix the cracks’ in auto glass claims

November 14, 2022/in Florida Politics

 

Florida Politics

Fix the cracks

Drew Wilson – November 14, 2022

The initiative says questionable claims are driving up auto insurance premiums.

A new initiative launched by insurance and tort reform groups is taking aim at assignment of benefits agreements for windshield repairs.

Assignment of benefits, or AOB, is a legal process that allows policyholders to sign over their insurance benefits to a third party in exchange for a quick repair.

Companies on the other end of AOB agreements often sue insurance companies to collect fees. Insurers say those lawsuits are often for inflated claims. Insurers say that AOBs, coupled with the one-way attorney fees statute requiring insurance companies to pay the cost of litigation if they lose, are driving up auto insurance premiums.

The new initiative, “Fix the Cracks,” is a partnership between the National Insurance Crime Bureau (NICB), the Florida Justice Reform Institute (FJRI), and the Personal Insurance Federation of Florida (PIFF).

According to a news release, the initiative “is working to protect consumers from predatory auto glass claims and litigation, ensure passenger safety and draw attention to the need for legislative changes.”

Fix the Cracks said most policyholders aren’t aware they are signing over their rights as policyholders or that repair companies and trial lawyers are using rights gained under an AOB agreement to sue insurance companies.

The group said many policyholders who sign AOB agreements are lured with promises of incentives. In past Legislative Sessions, lawmakers have tried to curb auto glass claims by limiting incentives, such as cash or gift cards.

The provision was included in a 2021 bill that would have ended the state’s no-fault auto insurance system. Though that bill cleared the Legislature it was ultimately vetoed by Gov. Ron DeSantis

State data shows auto glass claim lawsuits are on the rise, with 28,156 such lawsuits filed last year. By comparison, there were 591 auto glass claim lawsuits filed in 2011. Overall, there were nearly a half million auto glass claims filed in Florida last year, more than in any other state. There were fewer than 400,000 claims filed in Arizona, the No. 2 state.

Additionally, Fix the Cracks said Florida and Arizona account for nearly three-quarters of “questionable” auto glass claims nationwide.

“It is a crime to file a fraudulent insurance claim in Florida, such as auto glass repairs or windshield replacements where no damage existed,” said Eric De Campos, Government Affairs Director for the National Insurance Crime Bureau. “This is occurring often in Florida as consumers are being solicited and offered incentives to file false or fraudulently inflated auto glass insurance claims. NICB supports the Fix the Cracks initiative in warning the public of these scams that take advantage of Florida consumers.”

Data compiled by FJRI shows most auto glass claims are filed by about a dozen law firms operating in just a handful of Florida counties. However, their customers hail from all corners of the state.

“Vendors use these assignments to seize the policyholder’s special one-way attorney fee right under statute and file expensive lawsuits based on inflated claims,” said William Large, president of the Florida Justice Reform Institute. “Many of these lawsuits happen without the policyholder’s knowledge or informed consent.”

Fix the Cracks partners say they will continue to add and share resources to bring attention to the problem and advocate for reforms.

“The Florida Legislature passed AOB property insurance reform in 2019, but auto glass claims abuse was left out,” said Michael Carlson, president and CEO of PIFF. “The AOB auto glass loophole, supported by the one-way attorney fee law, is the latest machine for some to profit at the expense of auto insurance consumers.”

https://floridapolitics.com/archives/571441-initiative-launches-to-fix-the-cracks-in-auto-glass-claims/ 

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