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Contractors Sue Insurance Commissioner & Companies

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Policy language questioned

Florida Insurance Commissioner David Altmaier. Courtesy, OIR

Just prior to this special session week, the Restoration Association of Florida (RAF) filed a lawsuit against Insurance Commissioner David Altmaier and two insurance companies over policy form changes that it says unjustly deny homeowners the right to enter into an Assignment of Benefits (AOB) contract and sue their insurance company.  It’s the result of relatively new and innovative ideas by the Office of Insurance Regulation and the industry to pick up where the legislature has failed in offering greater consumer choice and discouraging bad actors who are driving up insurance rates (see If You Can’t Legislate, Regulate! in our April 11 newsletter).

The lawsuit by RAF and Air Quality Assessors accuse Commissioner Altmaier of violating the constitutional separation of powers by approving policy changes that allegedly conflict with state law.  Also named in the suit are two insurance companies whose endorsements offer a premium reduction for a policyholder who would like to avoid costly and protracted litigation by using mediation and then arbitration.  Another provision limits payments to only contractors the company has requested or approved to perform work.

The lawsuit continually references an insurance “policy” when in fact, this is an endorsement to a policy that the consumer has the choice of accepting or not.  This suit, if successful, would actually eliminate consumer choice.

Many professional contractors realize reform is needed.  “Do Roofers Put Insurance Companies Out of Business in Florida?” is a video featuring roofer Dmitry Lipinskiy who has a YouTube channel “Roofing Insights.”  He takes a studied approach to the problem and at the end urges his own industry to better police itself, “otherwise it’s going to ruin it for everyone.”  Rather refreshing.

WFTS-TV ABC Action News in Tampa aired an extraordinary story recently on the lengths some roofers are going to in trying to make a buck at the expense of consumers and the insurance industry.  The story features a series of unsolicited text messages from a roofer to a homeowner, trying to arrange a dubious “free roof inspection” in order to create a questionable insurance claim for would-be storm damage.  It includes an interview with Robert Ritchie, CEO of American Integrity Insurance Company, on the costly consequences of these now common practices in Florida.  You can view similar stories on our ongoing TV Coverage & Videos of Florida’s Property Insurance Dilemma page.  

LMA Newsletter of 5-23-22

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Tags: Air Quality Assessors, American Integrity Insurance Company, Contractor Services, David Altmaier, Dmitry Lipinskiy, Florida Homeowners Insurance Market, Florida Office of Insurance Regulation, Florida Property Insurance, Heritage Insurance Company, Restoration Association of Florida, Roofing, Roofing Scams

“Lisa Miller is a true champion for the insurance industry, with her regular updates! We appreciate all you do and keeping us up to date on priority issues!”

Gillian Lloyd, Account Executive
Zywave
Milwaukee, WI

“Lisa this is another great newsletter, and we appreciate the time and energy you put into these informative updates – you are on top of these topics!”

Mike Graham, CEO
Smart Vent Products, Floodproofing.com, & Risk Reduction Plus
Juno Beach, FL

“I have followed your weekly newsletter and podcasts and now have a full appreciation for what you bring to this industry.  You are an inspiring force, plain and simple.  I wanted you to know that you make a difference.  Thank you for all you do!”

Jeffrey Karam, CPCU
Bradenton, FL

“Thank you Lisa for staying on top of, as well as advocating, for Florida residents and legislative reform. Your newsletters are very informative and enjoy reading the points of view.”  

Shawna Miller, Sr. Claims Quality Assurance & Compliance Manager
Florida Peninsula Insurance Company
Jacksonville, FL

“Your newsletter is fabulous!  I greatly appreciate the topics you expose, so that insurance professionals like myself can keep up with the latest events that affect the public we serve and ourselves.”

Cynthia Hoehn, Independent Property & Casualty Personal Lines insurance agent
Clermont, FL

“Just wanted to say that I thoroughly love your newsletter. It’s is always informative and insightful to the ins and outs of our industry.  You are an inspiration and an important asset in the insurance world.  Keep up the great work!” 

Cynthia Scott, President
University Insurance Group
Davie, FL

“Just a quick note to let you know how much I have appreciated your newsletter over the years and the assistance they offer for those in the field of claims. We depend on the information more than you will ever know!”

Laurie Rasberry, Chief Claims Officer
Acorn Claims
Prosper, Texas

“Great article on Risk Rating 2.0!”

Austin Perez, Senior Policy Representative for Federal Housing, Valuation, Insurance and Commercial Issues
National Association of Realtors
Washington, D.C.

“Another great Newsletter on Florida industry this week.  Your service and advocacy in Florida is very important to keeping me updated and apprised of the Florida insurance laws, trends and overall environment.  Something similar is very much needed in Louisiana, too.”

Jennifer Tedesco, Esq., Claims Director
Pharos Claims Services
Orlando, FL

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