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Fourth DCA Cases Deliver Setback on Assignment of Benefits Issue

Fourth DCA Cases Deliver Setback on Assignment of Benefits Issue

The Fourth District Court of Appeal recently issued three opinions that compound the concerns of insurers dealing with increased claims costs due to assignments of benefits.  This latest setback follows an earlier decision of the Fifth DCA rejecting an insurer’s argument that post-loss assignments should be prohibited based on a contractor’s not having an insurable […]

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Storm Free Years Bolster FHCF

Storm Free Years Bolster FHCF

As with other aspects of the Florida residential property insurance market, the Florida Hurricane Catastrophe Fund (FHCF) continues to benefit from the recent run of hurricane-free years.  Not only does the FHCF anticipate that it can fully meet is statutory limit of $17 billion in single-season capacity, most of the the FHCF’s current single-season capacity […]

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Supreme Court Confirms Citizens Bad Faith Immunity

Supreme Court Confirms Citizens Bad Faith Immunity

The Florida Supreme Court has concluded that Citizens Property Insurance Corporation is not liable under section 624.155 for statutory first-party bad faith actions. The court in Citizens Property Insurance Corporation v. Perdido Sun Condominium Association, Case No. SC14-185, reasoned that the Florida legislature gave Citizens broad immunity from legal actions, with limited exceptions. Statutory bad […]

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OIR Memorandum Addresses Price Optimization

OIR Memorandum Addresses Price Optimization

The Florida Office of Insurance Regulation has issued Informational Memorandum OIR-15-04M relating to “Use of Price Optimization in Premium Determination.”  The memorandum concludes that insurers using so-called price optimization should submit filings to eliminate the use of those criteria, and going forward insurers should not use price optimization in their rate filings. The OIR notes […]

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Special Session Set for June 1

Special Session Set for June 1

House Speaker Steve Crisafulli and Sentate President Andy Gardiner formally called the legislature into a special session to begin June 1.  The special session might last until June 20, or such earlier time as the legislature may accomplish their constitutionally required objective of passing a budget. The special session became necessary when lawmakers could not […]

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Bill Would Simplify Residential Notice Requirement

Bill Would Simplify Residential Notice Requirement

House Bill 165 has passed both chambers of the legislature and will be presented to Governor Scott.  The bill addresses a variety of topics related mainly to property and casualty insurance.  Among these provisions, the bill would simplify the notice requirement applicable to residential property and casualty insurance.  The bill establishes a uniform 120-day period […]

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