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Yearly Archives: 2015

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Is the idea of workers’ comp as the ‘sole remedy’ on its way out?

Fri Aug 7th, 2015 on     Insurance Law,    

One of the complaints about personal injury lawsuits has been that the results are so inconsistent. A woman who loses her husband, the father of their three young children, in a drunk driving accident could be awarded millions in damages by one jury and less then $1 million by another. State laws try to control damage awards, especially for pain and suffering, but with mixed success. The dollar amounts may be lower, but, opponents argue, what if the plaintiff deserves more? What if making a plaintiff whole will really cost twice the amount the state has decided is quite enough, thank you?

Let the flood insurance games begin! Congress ponders premiums

Tue Jul 28th, 2015 on     Insurance Law,    

After discussing market considerations in setting insurance rates, we turn to recent activity in Congress. As you recall from our last two posts, insurance companies are required to set rates based on risk and loss expectations, not on supply or demand issues. Florida regulators maintain that insurance companies are increasing premiums because they can, not because they have to: Insurers realize that there is very little competition in some parts of the state and that they have, pardon the insurance pun, a captive audience.

Insurers to FOIR: It depends on what your definition of ‘is’ is p2

Mon Jul 20th, 2015 on     Insurance Law,    

In December 2014, the Consumer Federation of America raised some questions about how Allstate was calculating auto insurance premiums. The CFA alleged that Allstate was basing those premiums on “marketplace considerations.” These marketplace considerations focus on competition and supply and demand — factors that in most industries would certainly influence price.

With fewer dollars to spend, Floridians spend more on insurance

Tue Jun 23rd, 2015 on     Insurance Claims,    

There are few things you can really count on these days, but one of them is that Florida will rank among the most expensive states for insurance. We ranked third overall in a report recently released by financial analysis website The researchers looked at the average costs of homeowners, health, life and auto insurance in each state and the District of Columbia and then determined what portion of the state’s median household income was spent on insurance.

You have a consumer advocate, so why do you need a lawyer?

Wed Jun 17th, 2015 on     Insurance Claims,    

The Office of the Insurance Consumer Advocate is celebrating its unofficial 25th anniversary this year. The Florida Insurance Commissioner originally created the office in 1990. The Legislature, however, did not adopt the governing statutes until 1992. The advocate is now appointed by and reports to the state’s Chief Financial Officer but operates, as the position always has, as an independent entity.

An insurer’s failure to defend: stark concern for any policyholder

Fri Jun 5th, 2015 on     Insurance Claims,    

Although insurance-related considerations and needs are of course quite different in many respects for homes and businesses, respectively, they certainly do coalesce in one very important way, namely this: Regardless of the nature of a property, its owners need to protect against third-party liability in instances where it is alleged that some danger or defect resulted in personal injury.

Florida Supreme Court rules in Citizens bad faith case p3

Wed Jun 3rd, 2015 on     Bad Faith Insurance,    

We are finishing up our discussion of the recent Florida Supreme Court decision regarding bad faith claims against state-backed Citizens Property Insurance Corp. Again, an insurance company that puts its own interests first — ahead of a policyholder’s interest — is acting in bad faith. The rule only holds for private insurers, though, and Citizens is a government entity. Under the doctrine of sovereign immunity, as well as state law, Citizens cannot be sued.

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