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Florida Justice Reform Institute

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

March 14, 2025/in The Palm Beach Post

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/

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 Becky Lannon https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg Becky Lannon2025-03-14 10:47:312025-03-14 10:47:31How much do you pay for property insurance in Florida? Here’s some good news. | Opinion
Florida Justice Reform Institute

Increasing percentage of uninsured drivers adding to Florida’s car insurance woes for now

March 9, 2025/in The Palm Beach Post
Palm Beach Post

Anne Geggis – March 9, 2025

Just like property insurance, what Florida drivers are paying for car insurance stands out nationally and part of what’s fueling those prices is the high number of motorists driving without insurance.

Nationally, the portion of drivers on the road without car insurance started accelerating with the pandemic in 2020 and it’s kept increasing, according to the Insurance Research Council, an organization the insurance industry supports. The same study also shows that Florida drivers are revving up the trend more than the average.

In 2022, an estimated 16% of Florida drivers were uninsured, ranking the state at 15th nationally for the proportion among the state’s 16.4 million licensed drivers. Now the latest figures, from 2023, reveal one in five drivers in Florida is uninsured. Only five states and the District of Columbia have higher rates: Mississippi has the highest proportion, followed by New Mexico, D.C., Michigan, Tennessee and Missouri, according to the study.

The state of Florida appears to calculate uninsured drivers differently than the Insurance Research Council. The Florida Department of Highway Safety and Motor Vehicles says a little less than 6% of state drivers are uninsured, according to data from this month.

Still, insurance industry officials are raising the alarm.

“It’s a very concerning trend to the industry that the uninsured rate continues to go up,” said Mark Friedlander, director of corporate communications for the industry-backed Insurance Information Institute, which is affiliated with the Insurance Research Council. “The laws are very clear in the state of Florida. Insurance is not discretionary.”

Ironically enough, though, no other state requires a lower level of insurance coverage to get behind the wheel, except for New Hampshire. And even though the Granite State doesn’t require it, 90% of residents there are insured, according to the study.

Most other states require that motorists sign on for at least $25,000 worth of bodily injury coverage. That compares to Florida, which requires only $10,000 in personal injury protection and $10,000 for property damage. North Carolina just increased its required minimums so that motorists must get coverage that would pay $50,000 per person and $100,000 per accident when there’s bodily injury and $50,000 for property damage.

Even with Florida’s low bar for meeting minimum liability requirements, residents in only three other states — New York, New Jersey and Nevada — pay more than Floridians to meet the minimum coverage requirement for driving in their state, according to Bankrate, an online financial guide for consumers breaking down pros and cons of mortgages, credit cards and investments.

Florida’s current insurance coverage minimums have been in place since the 1970s.

Legislation was passed in 2021 that would have raised those minimums and repealed the state’s “no fault” laws, but Gov. Ron DeSantis vetoed it. The debate may be teeing up again — two similar bills have been introduced for the Florida legislature’s session now underway that would increase the minimum coverage and repeal the state’s no-fault accident law.

Changing the current system is a tough call, Friedlander observed, given that increasing the minimum insurance required would likely make getting on the road fully legal even more expensive when so many have already chosen to skip it because of the current high cost.

“I understand why they are not moving forward on it,” Friedlander said.

Lots of individual variables go into calculating the cost that the consumer sees on their car insurance bill, such as driving history, traffic citations and make and model of the car insured. In March, Bankrate found that the average annual cost of “full coverage” in Florida is the most of any other state, coming in at $4,210 per year. That bill is calculated using a 40-year-old with a good credit score and clean driving record who commutes five days a week in a 2023 Toyota Camry as a customer.

That policy would offer much more coverage than the minimum the state requires. That annual insurance payment of $4,210 would buy, in the event of an accident, $100,000 for personal injury coverage; bodily injury liability of $100,000 per person and $300,000 per accident; and uninsured motorist bodily injury coverage at $100,000 per person and $300,000 for an accident. It would also pay up to $50,000 for property damage after the $500 deductible is paid.

Driver gathering evidence after an accident. Courtesy of Ginnis, Karthen, & Zeinick 

Why are the premiums so high?

Besides the high probability of running into an uninsured motorist, the same factors that bedevil the state’s high property insurance costs — hurricanes and a high rate of lawsuits — also drive the car insurance market, according to Dustyne Bryant, who develops curriculum for insurance professionals and hosted a podcast “Awkward Insurance” for four years.

But leaders who support the current system say, just like with property insurance, automotive insurance premiums should be dropping soon as recent changes to lawsuit laws to stem the tide of litigation take hold.

DeSantis, at a news conference last month, highlighted filings that show car insurance carriers Geico, State Farm and Progressive have lowered their rates.

Costs remain high right now because the full effect of 2023 legislation that stops attorneys from suing over minimal amounts won’t be entirely realized until 2028, industry observers say. That’s when insurance companies see their litigation risk dropping, says William Large, president of the Florida Justice Reform Institute. He noted that before changes to the state’s tort laws, which his organization supported, lawyers were suing over amounts as infinitesimal as interest charges.

“We fixed PIP (personal injury protection) — that’s my opinion, and I believe it’s going to be proven out within the next five years,” Large said. “I and others want to see data come in. So why go change this before the data has really come in?”

A damaged vehicle after a car accident on the road. Courtesy of Ginnis, Karthen, & Zeinick

The sponsors of the legislation couldn’t be reached for comment.

Uninsured motorist coverage part of typical package

Still, given the one-in-five-chance that one might have an accident with an uninsured driver in Florida, Coral Springs insurance agent Andy Kasten says he strongly recommends that his clients buy uninsured motorist coverage.

“If someone causes you a lot of bodily injury, if they don’t have insurance, at least you can somewhat be made whole,” said Kasten, president of Creative Financial Property & Casualty Group.

In the current climate, that will add about 13% to the total, typical bill, Kasten said.

Anne Geggis is the insurance reporter at The Palm Beach Post, part of the USA TODAY Florida Network.

https://www.palmbeachpost.com/story/business/2025/03/09/meeting-the-states-required-minimums-is-costing-motorists-more-than-what-others-pay-for-full-coverag/81607838007/

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 Becky Lannon https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg Becky Lannon2025-03-09 15:06:412025-05-20 15:07:53Increasing percentage of uninsured drivers adding to Florida’s car insurance woes for now
Florida Justice Reform Institute

Stop bad doctors from serving as “experts”

October 12, 2021/in The Palm Beach Post

 

Palm Beach Post

Stop bad doctors from serving as “experts”

William Large Contributed

Published 7 am ET Oct. 11, 2021 

William Large 

William Large, President, Florida Justice Reform Institute. Contributed

The Post’s recent editorial “Before more children are maimed, Florida needs to weed out bad doctors” makes some important points, but leaves out a few others.

A lawsuit and an administrative complaint, to revoke a doctor’s license, for example, are separate actions and one does not preclude the other. Unfortunately, the Post’s own reporting behind the editorial discovered that in several cases, “none of these allegations generated disciplinary complaints to the state Department of Health.”

Just like in a lawsuit, prosecuting an administrative complaint requires claimants to share medical records and testimony with the Department of Health and the Board of Medicine. Claimants often fail to do so, perhaps under the direction of their lawyers, because they can leverage dropping the complaint to obtain a bigger payout in the civil lawsuit. We can’t know for sure because these settlements are often confidential. Either way, once a claimant becomes uncooperative, the prosecutor is left with few options to move the complaint any further.

Interestingly, despite the lack of formal complaints, the Post was still able to easily find numerous on-the-record examples of one doctor’s malpractice.

Why then, as the Post also reported, were claimant’s lawyers also ignoring those red flags and frequently paying that same doctor as an expert witness to testify against his more competent, ethical colleagues? In fact, so many lawyers in Broward and Palm Beach counties had used this doctor as an expert witness, the Post reported, one victim could not even find a lawyer without a conflict who would take her case.

This practice of claimant’s lawyers using certain doctors with dubious records as experts on proper standards of care is not an isolated practice, and this rank hypocrisy should not be overlooked.

There are bad doctors out there and they should be stopped from practicing medicine, and in some cases that’s not happening. As we engage in the conversation to seek solutions, let’s be sure to acknowledge and address all the contributing factors to the problem the Post outlines.

William Large is president, Florida Justice Reform Institute.

https://www.palmbeachpost.com/story/opinion/2021/10/12/commentary-stopping-bad-doctors-requires-multifaceted-approach/6093564001/ 

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Florida Justice Reform Institute

Conservative hopes for new Florida Supreme Court fading in Senate

April 26, 2019/in The Palm Beach Post

 

Palm Beach Post

Conservative hopes for new Florida Supreme Court fading in Senate

Florida Supreme Court

Members of the Florida Supreme Court listen to a speech by Florida Governor Ron DeSantis, Tuesday,
March 5, 2019 in the Florida House during a joint session of the Florida Legislature.
From left, Chief Justice
Charles T. Canady, Ricky Polston, Jorge Labarga, Alan Lawson, Barbara Lagoa, and Robert J. Luck.
(Scott Keeler/Tampa Bay Times/TNS)

By John Kennedy
GateHouse Capital Bureau
Posted Apr 26, 2019 at 2:34 PM

Abortion legislation and other bills that would revisit earlier high-court rulings on workers compensation and medical malpractice lawsuit limits have hit a roadblock in the more moderate Senate.

TALLAHASSEE — Gov. Ron DeSantis’s appointment of three new, conservative justices to the Florida Supreme Court raised expectations that an array of red-meat policies would swiftly emerge from the Republican-controlled Legislature.

But as lawmakers enter the final scheduled week of the 2019 session, only a dramatic expansion of private school vouchers, using taxpayer dollars, appears poised to win approval and then face a likely legal test before the new-look court.

Controversial abortion legislation and other bills that would revisit earlier high-court rulings on workers compensation and medical malpractice lawsuit limits have hit a roadblock in the more moderate Senate.

“With a very different Florida Supreme Court in place, we hoped the Legislature would revisit important workers’ compensation and medical malpractice laws invalidated by the previous court,” said William Large, president of the Florida Justice Reform Institute, a business-backed advocacy organization.

“Unfortunately, the Legislature missed an opportunity by failing to do so,” he added.

John Stemberger, president of the Florida Family Policy Council, also said he was disappointed that the Senate is apparently unwilling to take up a House-backed measure that would demand that minors get notarized permission from their parents or a court before obtaining an abortion.

The measure, if approved, would undoubtedly be challenged as clashing with a 30-year-old Florida Supreme Court decision, which ruled the state constitution’s privacy provision bans such requirements.

But Stemberger and many other social conservatives are hoping that the restructured Supreme Court, now packed with conservative justices, could have a different view of consent laws.

“This court is going to see its rightful role in interpreting state law, and won’t just be following earlier, judge-made decisions,” Stemberger said.

Stemberger on Friday sent an email appeal to conservative activists urging they contact Senate President Bill Galvano, R-Bradenton, and DeSantis, demanding that the Senate take up the parental consent bill.

With a number of states enacting abortion restrictions this year, mostly prompted by a more conservative U.S. Supreme Court, Stemberger said Florida could “become the only conservative state in the country not to pass pro-life legislation.”

Also unlikely to win Senate support is the House’s push for restoring caps on “pain and suffering” damages awarded in medical malpractice cases, which the Supreme Court in 2017 found unconstitutional.

The Legislature also hasn’t advanced legislation sought by the Florida Chamber of Commerce, Associated Industries of Florida and the National Federation of Independent Business, which seeks to reinstate caps on attorneys’ fees in workers compensation cases, declared unconstitutional by justices in 2016.

Instead, the Republican-led Legislature’s support for a new voucher program, dubbed Family Empowerment Scholarships, looks bound to be the lone significant test of whether the recast court is willing to rethink past decisions.

The scholarships would send taxpayer dollars to private schools, a redirection which even most supporters acknowledge would defy a 2006 Florida Supreme Court decision.

Thousands of students from families earning as much as $77,250 annually could qualify — although lower-income families would have preferred status. But financing the program with general revenue has been seized on by supporters of traditional public schools, including the Florida Education Association, the state’s largest teachers union.

The FEA spearheaded the legal challenge which led to the 2006 decision overturning then-Gov. Jeb Bush’s first-in-the-nation statewide private school voucher program for steering tax dollars to private schools.

The court’s 5-2 ruling found Bush’s Opportunity Scholarship program violated the state constitution’s requirement that Florida have a “uniform” system of public schools for all students.

The decision has guided Republicans in the Legislature who, while steadily expanding school choice options, have avoided voucher proposals that would conflict with the court — until now.

The new voucher legislation is expected to win final approval before lawmakers are scheduled to adjourn May 3.

“If the bill is signed into law, the FEA will be exploring all possible options in response to the new voucher program,” FEA President Fedrick Ingram said of the new Family Empowerment Scholarships. “At this point, nothing is off the table.”

DeSantis’s three new court appointments, Justices Barbara Lagoa, Robert Luck and Carlos Muniz, were named within the governor’s first two weeks in office. They replaced retired Justices Barbara Pariente, Peggy Quince and Fred Lewis, the last justices appointed by a Democratic governor, the late Lawton Chiles.

With the liberal-leaning justices gone from the court, the seven-member panel is widely expected to exert its conservative viewpoints.

But to act, and potentially shape state law into the future, justices need the Legislature to enact measures that could draw legal challenges. In the view of anti-abortion groups and businesses seeking to blunt the risks of costly lawsuits, the Florida Senate isn’t cooperating.

The House has been the more free-swinging conservative chamber for the more than two decades Republicans have controlled the Legislature.

Republican senators bristle when their conservative credentials are questioned, although that chamber is where the powerful trial lawyers association has often fended off lawsuit restrictions and social conservative legislation frequently dies.

State Sen. Joe Gruters, R-Sarasota, who doubles as chair of the Florida GOP, pushed back when asked about the Senate’s resistance to embracing legislation pushing boundaries — and the Florida Supreme Court.

“I think it’s very conservative,” Gruters said of the Senate. “But you can’t pass every bill every year. I think all in good time.”

Some disappointed by what’s emerging from the Legislature have said election-year politics could be a factor.

Under Florida law, the three new justices will be up for merit retention for the first time on the 2020 presidential ballot, and Republican leaders may be wary of having them become a lightning rod on issues that could further rally the Democratic voting base.

House Speaker Jose Oliva, R-Miami, though, wouldn’t blame the Senate for missing what he called “an opportunity” for the Supreme Court to act.

“Certainly having passed those here in the House, we would’ve loved to see those bills pass and become law,” Oliva said.

https://www.palmbeachpost.com/news/20190426/conservative-hopes-for-new-florida-supreme-court-fading-in-senate

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Florida Justice Reform Institute

Point of View: Florida lawmakers should put a stop to too many meritless ‘bad faith’ claims

December 16, 2018/in The Palm Beach Post

Point of View: Florida lawmakers should put a stop to too many meritless ‘bad faith’ claims

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 Tech2018-12-16 17:19:322024-11-27 17:20:03Point of View: Florida lawmakers should put a stop to too many meritless ‘bad faith’ claims
Florida Justice Reform Institute

PIP Car Insurance, Built to Curb Lawsuits, Spurs Record Pile Instead

February 22, 2018/in The Palm Beach Post

 

Palm Beach Post

PIP car insurance, built to curb lawsuits, spurs record pile instead

AOB Chart

Feb 22, 2018
By Charles Elmore, Protecting Your Pocket

A no-fault car insurance system that was supposed to reduce lawsuits in Florida has instead produced an all-time high mountain of more than 60,000 of them in 2017, a new report shows.

AOB Chart 

Source: Florida Justice Reform Institute report.

That represents a stunning rise of close to 50 percent in one year, according to data from The Florida Justice Reform Institute, a group that says it fights against wasteful litigation.

So are insurers rushing to tell legislators to repeal Florida’s Personal Injury Protection system before the session ends in early March? Guess again.

An insurance industry group never mentions PIP in itsstatement on the lawsuit report and has urged lawmakers to put off repeal another year.

Who benefits from keeping the current system? Florida’s top 25 car insurers have raised PIP rates up to 54 percent since the start of 2017, and on average hiked them 35 percent faster than overall premiums, The Palm Beach Post reported.

Florida drivers pay among the nation’s top six car insurance bills in one of the few states that retain a no-fault system. The state forces drivers to buy $10,000 of PIP to cover the driver’s own injuries in an accident regardless of who is at fault, no matter how much health insurance the consumer already has.

One of the justifications for PIP when it was created the 1970s was to reduce lawsuits after minor car accidents.

Almost half a century later, PIP’s relatively small benefit has hardly changed and in no way kept up with medical inflation, yet it is driving consumer rate increases and, in a final irony, leading the lawsuit parade.

Who’s suing? The lawsuits measured in the report are typically not filed by ordinary drivers but chiropractors, clinics, imaging centers and other medical providers suing insurers to get paid for PIP claims, researchers say.

PIP represents by far the largest source for a type of lawsuit that FJRI officials say is responsible for more than half of the state’s overall insurance litigation and is driving up consumer costs. It’s associated with an arrangement known as “assignment of benefits” or AOB.

It happens when third parties like a repair contractor or medical clinic tell consumers we’ll handle the claim for you if you sign this form assigning us the insurance benefit. It’s not uncommon in health care and other fields. Insurers say the trouble is, Florida’s laws provide too many incentives for some of the third parties take the insurers to court.

Yet you’d never know that PIP was involved in any way from an insurance industry group’s statement on the AOB lawsuit report. The focus is exclusively on property insurance claims representing about one-sixth as many suits compared to PIP, and auto windshield claims representing about a third as many. Insurers say these categories are growing, and PIP repeal must wait for reforms affecting lawyer fees that have stalled in the legislature for half a dozen years and seem likely to deadlock again.

“We are seeing an increase in the number of property and auto glass claims because one-way attorney fees are incentivizing AOB abuse,’’ said Logan McFaddin, the Florida-based regional manager for the Property Casualty Insurers Association of America. “Legislative reform is desperately needed to curtail the number of fake or inflated claims and lawsuits. Now is the time for legislators to protect Floridians from these bad actors and help reduce insurance costs.”

OK, but how about repealing PIP and lopping off the source of the majority of AOB suits in one stroke? Then pursue additional lawsuit reforms? At least two important insurance lobby groups in Tallahassee say no thanks.

The net effect: drivers keep paying rising premiums to insurers. A state-commissioned actuarial report said drivers could save up to $81 per car if Florida repealed PIP and required bodily-injury liability coverage. A bill that passed the House 88-15 would do that. Florida is one of only two states that do not require BI insurance to make drivers responsible for injuries to others.

A Senate PIP repeal bill remains stuck in committee as the session nears its end. Asked by a Post correspondent about the issue, Senate President Joe Negron, R-Stuart, offered a recap of committee stops with no comment on whether leadership believes it merits further attention or a vote on the floor.

“That bill has moved through one committee in the process with a favorable vote and is now in health and human services appropriations (committee), so it would be up to that committee to decide whether they want to take up the bill in the final time we’re here for session,” Negron said last week. “The short answer would be it’s undetermined.”

Instead of championing a chance for driver savings, insurers put out their own report that said rates would go up 5.3 percent under the House bill. The report prepared by Milliman Inc. for PCI acknowledged it used unverified, unaudited data from a subset of member companies that could be “biased” and chose to ignore any savings from eliminating PIP fraud. A group representing trial attorneys blasted it as not credible and inconsistent with the state report and with consumer savings in other states that dropped no-fault systems, including Colorado and Georgia.

So what’s the story? Insurers raise rates up to 54 percent in a year for PIP. Then lobbyists claim late in the session that rates would also go up under the House repeal plan. They encourage legislators not to believe a state-commissioned actuarial report that said drivers could save an average of near 6 percent on their overall bills after PIP repeal.

Now a report shows PIP is responsible for most of the lawsuits insurers are complaining about. It’s the elephant in the room, the biggest part of the mountain.

But apparently it’s not fit for mention.

 https://www.palmbeachpost.com/business/personal-finance/pip-car-insurance-built-curb-lawsuits-spurs-record-pile-instead/3xqUo92kWjdWjeswEiT8dO/

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 Tech2018-02-22 15:58:392024-12-11 18:01:11PIP Car Insurance, Built to Curb Lawsuits, Spurs Record Pile Instead
Florida Justice Reform Institute

PIP Lawsuits Explode to Record

February 22, 2018/in The Palm Beach Post

 

Palm Beach Post

PIP lawsuits explode to record

By Charles Elmore – Palm Beach Post Staff Writer

Palm Beach County Courthouse

More than 60,000 cases were filed in Florida courthouses in 2017 involving the state’s no-fault car insurance system, research shows.

Posted: 2:06 p.m. Friday, February 23, 2018

A no-fault car insurance system that was supposed to reduce lawsuits in Florida has instead produced a record mountain of more than 60,000 in 2017, a new report shows.

That represents a stunning rise of close to 50 percent in one year, according to data from The Florida Justice Reform Institute, a group that says it fights against wasteful litigation.

So are insurers rushing to tell legislators to repeal Florida’s Personal Injury Protection system before the session ends in early March? Guess again.

An insurance industry group never mentions PIP in its statement on the lawsuit report and has urged lawmakers to put off repeal another year.

Who benefits from keeping the current system? Florida’s top 25 car insurers have raised PIP rates up to 54 percent since the start of 2017, and on average hiked them 35 percent faster than overall premiums, The Palm Beach Post reported.

Florida drivers pay among the nation’s top six car insurance bills in one of the few states that retain a no-fault system. The state forces drivers to buy $10,000 of PIP to cover the driver’s own injuries in an accident regardless of who is at fault, no matter how much health insurance the consumer already has.

One of the justifications for PIP when it was created the 1970s was to reduce lawsuits after minor car accidents.

Almost half a century later, PIP’s relatively small benefit has hardly changed and in no way kept up with medical inflation, yet it is driving consumer rate increases and, in a final irony, leading the lawsuit parade.

Who’s suing? The lawsuits measured in the report are typically not filed by ordinary drivers but chiropractors, clinics, imaging centers and other medical providers suing insurers to get paid for PIP claims, researchers say.

PIP represents by far the largest source for a type of lawsuit that FJRI officials say is responsible for more than half of the state’s overall insurance litigation and is driving up consumer costs. It’s associated with an arrangement known as “assignment of benefits” or AOB.

It happens when third parties like a repair contractor or medical clinic tell consumers we’ll handle the claim for you if you sign this form assigning us the insurance benefit. It’s not uncommon in health care and other fields. Insurers say the trouble is, Florida’s laws provide too many incentives for some of the third parties take the insurers to court.

Yet you’d never know that PIP was involved in any way from an insurance industry group’s statement on the AOB lawsuit report. The focus is exclusively on property insurance claims representing about one-sixth as many suits compared to PIP, and auto windshield claims representing about a third as many. Insurers say these categories are growing, and PIP repeal must wait for reforms affecting lawyer fees that have stalled in the legislature for half a dozen years and seem likely to deadlock again.

“We are seeing an increase in the number of property and auto glass claims because one-way attorney fees are incentivizing AOB abuse,’’ said Logan McFaddin, the Florida-based regional manager for the Property Casualty Insurers Association of America. “Legislative reform is desperately needed to curtail the number of fake or inflated claims and lawsuits. Now is the time for legislators to protect Floridians from these bad actors and help reduce insurance costs.”

OK, but how about repealing PIP and lopping off the source of the majority of AOB suits in one stroke? Then pursue additional lawsuit reforms? At least two important insurance lobby groups in Tallahassee, PCI and the Personal Insurance Federation of Florida, say no thanks.

William Large, the president of the Florida Justice Reform Institute, acknowledged “it is no secret PIP has major problems.”

He said his group’s position “has been to not hastily move to another system that also lacks necessary legal reforms, causing the replacement coverage to be similarly exploited.”

Not every voice in the insurance world is urging legislators to go slow on PIP repeal.

Despite “good intentions and policymakers’ repeated efforts to fix it, Florida’s PIP system has produced prolific fraud, abuse, and lawsuits,” said Ron Jackson, southeast region vice president for the American Insurance Association.

He urges legislators to back the House bill and maybe go one better: Throw in a “no pay no play” rule that would mean drivers who do not buy required insurance could could not recover non-economic damages such as “pain and suffering,” which studies show could save another 6 percent on drivers’ bills, he said.

He said it’s time to “move Florida to a system far less susceptible to fraud,” one that most states use with lower rates, that would “save Floridians money.”

But with gridlock, drivers get stuck with the same system — and the bill.

A state-commissioned actuarial report said drivers could save up to $81 per car if Florida repealed PIP and required bodily-injury liability coverage. A bill that passed the House 88-15 would do that. Florida is one of only two states that do not require BI insurance to make drivers responsible for injuries to others.

A Senate PIP repeal bill remains stuck in committee as the session nears its end. Asked by a Post correspondent about the issue, Senate President Joe Negron, R-Stuart, offered a recap of committee stops with no comment on whether leadership believes it merits further attention or a vote on the floor.

“That bill has moved through one committee in the process with a favorable vote and is now in health and human services appropriations (committee), so it would be up to that committee to decide whether they want to take up the bill in the final time we’re here for session,” Negron said Feb. 15 “The short answer would be it’s undetermined.”

Instead of championing a chance for driver savings, insurers put out their own report that said rates would go up 5.3 percent under the House bill. The report prepared by Milliman Inc. for PCI acknowledged it used unverified, unaudited data from a subset of member companies that could be “biased” and chose to ignore any savings from eliminating PIP fraud. A group representing trial attorneys blasted it as not credible and inconsistent with the state report and with consumer savings in other states that dropped no-fault systems, including Colorado and Georgia.

So what’s the story? Insurers raise rates up to 54 percent in a year for PIP. Then lobbyists claim late in the session that rates would also go up under the House repeal plan. They encourage legislators not to believe a state-commissioned actuarial report that said drivers could save an average of near 6 percent on their overall bills after PIP repeal.

Now a report shows PIP is responsible for most of the lawsuits insurers are complaining about. It’s the elephant in the room, the biggest part of the mountain.

But apparently it’s not fit for mention everywhere.

Correspondent Kenya Woodard contributed to this report.

___________________________________________________

Lawsuit Spike

Florida’s Personal Injury Protection system was pitched in the 1970s as a way to avoid lawsuits in minor accidents, requiring that drivers buy $10,000 of coverage for their own injuries. But something odd happened.

PIP lawsuits, mostly medical providers suing insurers to get paid, rocketed nearly 50 percent in one year to a record high in 2017 among what are known as “assignment of benefit” or AOB lawsuits, a new study shows. That’s when a third party like a repair contractor or clinic tells consumers sign a form and we’ll handle the claim.

Citing this study, an insurance industry group warned of AOB dangers in property insurance and auto windshield claims, but a statement never mentioned PIP and lobbyists urged legislators not to repeal the no-fault system this session.

Year / PIP AOB lawsuits

2017 61,583

2016 41,368

Source: Florida Justice Reform Institute

AOB Chart

https://www.mypalmbeachpost.com/news/pip-lawsuits-explode-record/Jhbp8XBsvvBsuS0yXXsMwK/

AOB Chart

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Florida Justice Reform Institute

Workers Comp Fight in State Supreme Court Could have High Stakes

April 5, 2016/in The Palm Beach Post

Workers Comp Fight in State Supreme Court Could have High Stakes

 

 

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 Tech2016-04-05 16:58:442024-11-27 16:59:32Workers Comp Fight in State Supreme Court Could have High Stakes
Florida Justice Reform Institute

Florida Supreme Court Rejects Asbestos Claim Limit

July 8, 2011/in The Palm Beach Post

 

Palm Beach Post

Florida Supreme Court rejects asbestos claim limit

Updated July 08, 2011
By JIM SAUNDERS, News Service of Florida

TALLAHASSEE —
In a decision that could open the gate to flood of lawsuits, the Florida Supreme Court on Friday rejected a key part of a 2005 law that made it harder to sue for asbestos-related injuries.

David Jagolinzer, a Miami attorney who helped spearhead the legal challenge, said the ruling will clear the way for thousands of people to pursue asbestos cases that have been pending in lower courts. The Supreme Court found that the law violates constitutional due-process rights.

“It’s been a long time coming for a lot of these people,” Jagolinzer said.

The 5-2 ruling, however, was a major blow to businesses facing claims for lung-damaging asbestos exposure that often happened decades ago.

“My main concern with this case is there are a lot of plaintiffs’ cases in the pipeline that will now be filed in light of this opinion,” said William Large, president of the Florida Justice Reform Institute, which lobbies for limits on various types of lawsuits. “As a result, Florida’s overly burdened court system will be further burdened by increased asbestos litigation.”

The Supreme Court opinion stemmed from numerous cases that were consolidated in the 4th District Court of Appeal. Justices R. Fred Lewis, Barbara Pariente, Peggy Quince, Jorge Labarga and James E.C. Perry made up the majority; Chief Justice Charles Canady and Ricky Polston dissented.

The case centered on parts of the 2005 law requiring plaintiffs to show “physical impairment” before they could pursue asbestos-related lawsuits. More specifically, it dealt with the Legislature’s attempt to retroactively apply the requirements to people who filed lawsuits or had “causes of action” before the law was approved.

The law included detailed criteria for proving such physical impairment, including criteria dealing with chest x-rays and lung capacity.

Lewis, who wrote the majority opinion, said people who suffer injuries because of the “wrongful conduct of another” have the right to pursue claims, regardless of their symptoms or level of physical impairment.

“Here, a foreign substance — asbestos fibers — were inhaled and became embedded in the lungs of the plaintiffs without their knowledge or consent,” Lewis wrote. “… To contend, as the dissent does here, that a certain level of impairment is absolutely necessary for a cause of action to accrue is incorrect and contrary to longstanding Florida common law.”

But Canady, in a dissenting opinion, disputed that conclusion.

“No case decided in Florida prior to the adoption of the (2005) act recognized a right of recovery for a plaintiff asserting an asbestos-related claim whose health had not been adversely affected,” Canady said.

Asbestos litigation has long been a controversial — and high stakes — issue for businesses and trial attorneys.

As an indication, the Supreme Court case drew briefs spelling out the positions of groups such as Associated Industries of Florida, the American Insurance Association, the Chamber of Commerce of the United States of America, the American Tort Reform Association and the Florida Justice Association.

Tamela Perdue, general counsel of Associated Industries of Florida, said the 2005 law came amid concerns that asbestos-related lawsuits were clogging up courts and posed a financial threat to companies. She said it was aimed at prioritizing the people who had been injured by asbestos exposure.

“It’s just a finite amount of resources,” Perdue said. “How do you spread that in the most fair way?”

But Joel Perwin, a Miami attorney who represented the law’s challengers in the Supreme Court, said lawmakers “out of thin air” imposed more-stringent medical requirements that people could not meet. He said many people had asbestos-related conditions but weren’t able to meet the requirements.

“The legislative objective here was to significantly reduce the number of cases that could be brought,” Perwin said.

https://www.palmbeachpost.com/news/state–regional/florida-supreme-court-rejects-asbestos-claim-limit/Quqgll0xKSF9R1Upy3qRzJ/

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 Tech2011-07-08 15:57:312024-12-11 17:55:02Florida Supreme Court Rejects Asbestos Claim Limit
Florida Justice Reform Institute

Scott the Outsider Hearing from the Insiders

January 7, 2011/in The Palm Beach Post

 

For those enamored with the “fair and balanced” label, don’t expect to see it on most of the packages Gov. Scott’s advisers send to Floridians.

The new governor knows less about this state and state government than any governor in at least 40 years. Sure, I can imagine some of you thinking: “Darn right. Why does he need to know anything? Only an outsider can deal with all that spending and all those bureaucrats.” I wouldn’t go to a doctor who boasted about not having gone to medical school, but maybe that’s me.

Anyway, after the election Gov. Scott created task forces to advise him. Conceptually, it’s a fine idea. Assemble a diverse group of knowledgeable people, and let them offer up policy ideas before a governor takes office and gets insulated.

Yet there was nothing diverse about most of the task forces. Most participants were linked not only by ideology but by self-interest. My favorite individual was the Florida Power & Light executive who recommended – without putting his name to it – that Floridians subsidize FPL’s investment in solar energy because renewable energy could bring Florida lots of jobs.

To really understand how stacked most of these task forces were, though, let’s look at the six people who serve on the tort reform/insurance committee of the regulatory task force. Property insurance again will be one of the big issues for the Legislature, especially since Gov. Crist vetoed last year’s insurance bill.

Chairman of the committee is William Large. He’s director of the Florida Justice Reform Institute, which the Florida Chamber of Commerce created to fight “wasteful litigation.”

Another member is Don Brown. He’s an insurance agent and former Florida legislator who carries the title of “senior fellow” at the Chicago-based Heartland Institute, which advocates “free-market” solutions. In the Legislature, Mr. Brown’s solution for property insurance was deregulation: Let companies charge what they want.

Another member is Marlin Hutchens. He’s a vice president in Orlando for Walgreens.

Another member is Marc Salm. He’s vice president for risk management with Publix, so he’s in charge of protecting the company from lawsuits.

Another member is Corey Simon. He’s a former Florida State University football player and vice president of a large Tallahassee insurance agency.

The other member is Phillip Walker. He’s an Allstate insurance agent in Lakeland. In 2007, the Office of Insurance Regulation challenged Allstate’s 41 percent property rate increase and forced the company to back down, by threatening to stop Allstate from writing its lucrative auto coverage. I’m sure the company doesn’t hold a grudge.

Mr. Walker says he favors insurance deregulation. He also says his group “reached out to all constituents” and “is still gathering information.” He referred me to Mr. Large for details. I spent more than a day last week trying to speak with Mr. Large, working through a Tallahassee law firm, but had no luck. During the transition, task force members were told not to grant interviews with reporters unless the transition team approved them.

Understand, such a group needs representation from insurance companies and businesses that get sued a lot. But to be diverse, it would have representation from consumer advocates and, eek, trial lawyers. This was like asking people from Hostess, Coca-Cola and Hershey’s to make recommendations on reducing obesity.

Not surprisingly, the best recommendations came from the criminal justice task force. They follow the progressive thinking of other states that have realized the ultimate folly of sending the wrong people to prison for longer and longer times. The recommendations for Florida are to save expensive prison space for dangerous criminals and spend smarter to rehabilitate adults and juveniles. The recommendations didn’t come from people who had money at stake in the decisions, so there’s more good government in them.

Of course, Wansley Walters did serve on the juvenile justice task force, and Gov. Scott did appoint her to be secretary of the Department of Juvenile Justice. But not many insiders would consider that a plum job.

In most cases, Gov. Scott turned loose a lot of people who are seeking something from state government that would financially enrich themselves and/or their businesses, and they churned out wish lists. The task forces met in private, even when the meetings took place in public buildings. Floridians should consider those recommendations to be less about what the state needs and more about what the industries represented on the task forces want.

Randy Schultz is the editor of editorial page of The Palm Beach Post. His e-mail address is [email protected]

See Full Article

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