LMA NEWSLETTER October 18, 2021

As the Market Churns

News on Fla’s property insurance market

Florida’s “dire” property insurance market as described by Insurance Commissioner David Altmaier that we talked about in the last newsletter is causing some additional repercussions in the market.  Meanwhile, there are new filings in the two federal lawsuits challenging Florida’s newest insurance reform law (SB 76), plus Citizens Insurance …

Citizens Victorious Over AOB Suit

Older cases being resolved

When the Florida Legislature passed Assignment of Benefits (AOB) reform in 2019, we knew that it would take a couple of years to flush the court system of questionable lawsuits that the reform targeted.  A recent case involving Citizens Property Insurance that is now finally resolved is a good example.

In …

Immediate Savings Today

By David J. Salmon, Esq.

Florida law concerning actual cash value damages changed.  But insurance professionals are not adapting.  Adjusters on both sides of the fence define “actual cash value” as “replacement cost less depreciation”.  Insurers employ this formula through software estimating programs, which do not account for variations in state law. 

In Vazquez v.

Underwriting Documents Protected

By Jose Pagan, Esq.

While there has been much litigation over this issue, Florida Courts have consistently ruled that materials contained within an insurance company’s claims and underwriting files are protected from discovery in a breach of contract action.  Recently, in Avatar Prop. & Cas. Ins. Co. v. Mitchell, 314 So. 3d 640 (Fla. …

Hurricane Michael 3 Years Later

Recovery continues

It was three years ago last Sunday that Florida’s biggest storm to date, Hurricane Michael, struck the Panhandle, its Category 5 winds and storm surge creating a visible path of destruction all the way to the Georgia state line. The storm was blamed for 49 deaths in Florida and the Southeast. Recovery has …

Brightline Reopening Next Month

New plans to provide Tampa service

Brightline, Florida’s higher-speed passenger train line, is set to resume service in early November after a 20-month hiatus during the coronavirus pandemic.  And boy the plans they have, with news that they will expand the rail route from Miami to Tampa by 2028.

Brightline launched in 2018, servicing a …

Spirituality and Success

Spirituality comes in many forms: a connection to a higher being through religious belief, or to nature, or perhaps the greater cosmos.  Now Lisa Miller (no relation to yours truly), a Columbia University psychology professor and founder of the school’s Spirituality and Mind-Body Institute, has found substantial evidence that spirituality is a positive element in …