The Senate Banking and Insurance Committee began its discussion of SB 805 this week. The bill is the session’s major insurance bill, addressing cancellation of policies, delays in payment and, of course, sinkhole coverage. Florida’s sinkholes dominated the debate.
The Florida Legislature is once again considering changes to the state’s no-fault auto insurance law. The focus of at least one proposal is limiting attorney fees in personal injury protection (PIP) suits. Insurance companies say the current law encourages high lawyer fees in even low-value injury suits. Personal injury attorneys counter that the measure will limit accident victims’ ability to go to court to demand their benefits.
If nothing else, the health care debate has produced some interesting studies. The most recent, released this week, zeroes in on pre-existing conditions. A pre-existing condition is defined as a health condition that exists before a person submits an application for health insurance. In truth, it is one of a list of health problems that require elevated levels of care, either acute or chronic. Insurers are notorious for denying or limiting coverage because of a pre-existing condition — and, of course, because of the costs associated with the condition.
Florida’s state insurance company may suspend coverage for homeowners who have made Chinese drywall claims. According to an attorney representing about 300 claimants, Citizens Property Insurance has started to alert policyholders with the defective building material that their coverage will be dropped.
Citizens Property Insurance, Florida’s state-run insurance company, reports that 200,000 new customers have signed on this year, bringing the total number of insureds to 1.3 million. These customers represent about $457 million in property coverage, or approximately 18 percent of Florida’s total property insurance coverage.
United Nat’l Ins. Co. v. Best Truss Co., No. 09-22897-CIV, 2010 WL 5014012 (S.D. Fla. Dec. 3, 2010)
Florida’s property insurance companies filed for significant rate increases last year, most citing sinkhole claims as their rationale. Homeowners are skeptical that the sinkholes are at the bottom of the issue. The issue made it to the legislature, and the Senate Banking and Insurance Committee released a report this week that is likely to continue, rather than resolve, the controversy.
A questionable, if not illegal, insurance practice came up in a recent Jacksonville case. It started as a straightforward injury claim from a car accident, an admission of fault and a jury award. When the dust settles, it may be a cause célèbre for consumer advocates and insurance attorneys.
The year isn’t over quite yet, but 2010 has already logged a remarkable number of privacy breaches. As of November 30, the Office for Civil Rights of the U.S. Department of Health and Human Services had received reports of 197 health insurance companies, health care providers and health data clearinghouses failing to protect individually identifiable health information as required under HIPAA and HITECH regulations. Nearly half of those reports have been made since July.
Customers of Florida-based AvMed Health Plans have filed a class action lawsuit against the insurance company in connection with a breach of privacy that occurred in December 2009. Seeking unspecified damages, the plaintiffs claim that, in addition to failing to safeguard the private medical data, the company vastly underreported the number of customers affected by the breach.
