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.
Late last month, a group of Holocaust survivors’ efforts to have their dispute with an Italian life insurance company heard in court ended in defeat when the U.S. Supreme Court declined to hear their appeal. It was the second time the lead plaintiff had petitioned the Court to appeal his claim. Now it appears that only Congress can act to allow the survivors to sue the insurance company. There they face millions of dollars in insurance company lobbying.
Insurance regulators in Florida could not ignore the recent fines imposed on seven health maintenance organizations in California. The organizations were the targets of that state’s Department of Managed Health Care investigation into complaints from doctors and other health care providers about insurance claim payment practices. The fines totaling $5 million were just part of the decision: The seven HMOs must also pay restitution to the providers, and that could add up to tens of millions of dollars.
The hurricane season of 2004 brought devastation to many areas in the southeast. Even though hurricanes have historically caused significant damage, what the people experienced six years ago was unlike any other. Florida experienced one of the busiest hurricane seasons in 2004, but since then Mother Nature seems to have calmed down for the time being. With fewer hurricanes over the past several years, insurance policyholders might expect insurance premiums to go down or at least stay the same. However, rates continue to increase.
In our last post, we were talking about a case involving a commercial general liability insurance carrier, Florida homeowners and a real estate developer. The underlying complaint involves the use of Chinese drywall and the damage to the home resulting from its use. As that complaint was making its way through the courts, the couple filed a motion to add unfair claim settlement practices to the suit. The court denied the motion, saying it was premature.
Here is a brief summary of some recent insurance-related decisions from November 2010:
A complicated Florida case involving homeowners, developers, a commercial general liability insurance company and Chinese drywall has hit another road block. The homeowners and developers had filed a complaint earlier this year, alleging the insurance company denied their claim in bad faith. The court ruled against them. In the present case, the court has told them that the insurance company should not cover the claim at all. Just two months after they moved into their new home, a Florida couple discovered a problem with the air conditioning coils in one of their air handling units. They also noticed an occasional smell of sulfur. It was strange for new construction, but they figured it would work itself out. About three years later, though, the smell was actually worse, and the homeowners discovered that both the damage to the air conditioning and the sulfur odor were the results of the contractor’s use of Chinese drywall. The couple and other homeowners with Chinese drywall issues filed a suit against the developer in 2009. In January of 2010, the couple filed a complaint with the Florida Department of Financial Services, claiming that the insurance company had engaged in unfair claim settlement practices. In March, the couple filed a motion to add claims of bad faith to their existing civil suit. The court denied the motion. In the decision, the court reviewed the conditions necessary to find an insurance company had acted in bad faith. By reviewing three past decisions of the Florida Supreme Court, […]
