Insurance Information Institute FPCA Florida Weekly Update: February 20-26
Mar 1, 2010
The Insurance Information Institute’s weekly Florida Update and “Insurance Daily” national newsletter are being forwarded to Florida Property and Casualty Association (“FPCA”) members as an additional benefit. This week’s Florida update and today’s (March 1, 2010) national daily newsletter are reprinted below.
The FPCA, which has joined the Insurance Information Institute (“III”) as an Associate Member, will utilize this organization as a resource on insurance issues, such as fraud, attorneys’ fees, catastrophe-related initiatives and other pertinent substantive matters.
Should you have any questions or comments, please contact Katie Webb (kwebb@cftlaw.com) at Colodny Fass.
Insurance Information Institute Bi-Weekly Florida-Specific Conference Call Scheduled for March 4 at 3:30 p.m.
The III hosts a bi-weekly Florida-specific conference call. The next call has been scheduled for March 4 at 3:30 p.m. (EST). Should you wish to particpate, the conference call dial-in and access code are provided below:
DIAL: 1-888-447-7153
CODE: 9812183
Insurance Information Institute
Florida Weekly Recap–February 20-26
- The South Florida Sun-Sentinel’s consumer reporter contacted the I.I.I. to see how Toyota’s recall would affect car insurance rates. The I.I.I. explained that the major recall is unlikely to cause a rate increase since rates are based on historical risk experienced by individual insurers. Click here for the column.
- Reinspections conducted so far of homes insured by Citizens Property Insurance Corp. reveal that more than two-thirds are getting higher mitigation discounts than they should. The Associated Press article on inequities in mitigation discounts in the Miami Herald also stated that about eight percent of homes inspected to date were not getting discounts that are warranted.
- o The South Florida Sun-Sentinel article on Citizens’ reinspections reports that the company will be able to charge an estimated $404,000 more in premiums. Citizens’ said that policyholders who owe more will be notified that they can make the mitigation changes needed to their homes to qualify for the lower premium before renewal. If they do not, their premiums will rise. Policyholders who qualify for more discounts than they are currently receiving will be credited for it starting from the day of the inspection.
- A Tampa-based company thinks it has come up with an Internet-based software program to help police and fire departments communicate with one another during a major catastrophe. The Internet system will augment radio communication. The Tampa Tribune reports that the Internet system for first responders will let emergency crews call one another, send instant messages and maps and photos on laptops and hand-held devices.
- The Florida Cabinet first wants to ensure that additional claims from the 2005 hurricane season are legitimate before they consider approving additional insurance assessments to raise up to $710 million for the Florida Hurricane Catastrophe Fund. The cabinet postponed a decision on the fees and suggests reviewing the business practices of public adjusters. The insurance blog on the cabinet meeting in the South Florida Sun-Sentinel reports that Gov. Crist, CFO Alex Sink and Attorney General Bill McCollum support bills that would create new restrictions on how public adjusters operate, along with requiring claims to be filed within three years of a storm, rather than the current five-year time limit.
- Demotech has withdrawn its rating of Northern Capital Insurance Co. because the company has not come up with the capital to keep its “A” rating. The Insurance Journal reports that Northern Capital could have its rating restored if it obtains the needed funds and revises its business model.
- Policyholders in HomeWise Preferred will have their policies transitioned at renewal into HomeWise Insurance Company, as HomeWise Preferred will discontinue writing business in Florida. Click here for more information from the Insurance Journal on both Northern Capital and HomeWise.
- The Florida Office of Insurance Regulation (OIR) has made its first agreement with a foreign reinsurance company. The OIR’s press release on its agreement with Hanover Re is intended to recruit more reinsurers to conduct business in Florida. Legislation approved in 2008 allowed the OIR to reduce collateral requirements for qualified reinsurance companies. The Insurance Journal also had an article on the reinsurance agreement. “Modernizing insurance regulations to attract additional capital is good for competition,” said Commissioner Kevin McCarty in the press release.
- A Miami-Dade County judge has ruled that the city of Aventura overstepped state law when it used cameras to nab red-light runners, and that ruling could have ramifications for other municipalities with red-light cameras. The judge ruled that using the cameras without a police officer at the scene of the violation is invalid. Florida has 26 cities using red-light cameras, and while the judge’s ruling in Aventura does not necessarily apply elsewhere, the issue could force other communities to review their procedures, especially if the ruling is upheld on appeal. Read the article on red-light ruling in the Tampa Tribune.
- The authors of a newly-released book, “The Irrational Economist,” wrote an op-ed on our more dangerous world and implications of human actions and inactions with more large-scale natural disasters expected.They give three reasons behavioral scientists clash with the rational predictions of many economists when it comes to preparing people for natural disasters: People don’t think disasters will happen to them, people do not learn from others’ misfortunes, and humans seem unable to grasp the full significance of disaster statistics. The article will run in today’s international edition of Newsweek (March 1).
- The cone of uncertainty for tracking hurricanes is shrinking. The National Hurricane Center has improved its track forecasting tools, giving it the ability to project a storm’s potential position five days out in a cone that is 655 miles wide, rather than the 695 miles used last year. The cone adjustment also shrinks as the storm gets closer. More details on NHC improvements are in the weather blog of the South Florida Sun-Sentinel.
- Homeowners Choice Property & Casualty Insurance has receive approval for an overall average rate increase of 14 percent, effective April 10. The article on Homeowners Choice in the Tampa Bay Business Journal reports the company said the rising cost of reinsurance made a rate hike necessary.
- The claims check for $17,500 was in an unopened envelope in a nightstand for 32 years, until an 85-year-old South Florida woman discovered it. The check, dated Jan. 23, 1978, was from an accident to the woman’s car that occurred under the Brooklyn Bridge in 1976. It’s unclear if the check can now be cashed since it was issued by an insurance company that was liquidated. The article was in the Claims Journal.
- There is a wide gap between the number of defective drywall cases reported to the state Department of Health and the numbers reported to county property appraisers. And, the state will be looking into that drywall reporting gap, according to the Ft. Myers News Press. The article states that among the reasons people may be reluctant to report to the state are due to fear of losing homeowners insurance and privacy concerns.
- There’s a legislative bill being considered to allow property appraisers to give a zero assessment for a Florida home with defective drywall. If the home cannot be sold unless it is repaired, it assessed value would be zero. The article on the drywall tax break is in the Ft. Myers News Press. Homeowners with problem drywall in several Florida counties already receive lower property assessments.
News Articles Related to the Legislative Session
- Legislation is being drafted to expand on the insurance bill passed last year that would allow additional property insurance rate increases and reduce insurance fraud. The South Florida Sun-Sentinel article on insurance legislation quotes Sen. Garrett Richter, R-Naples, as saying that with last year’s insurance bill, the Legislature “crossed the starting line, which is dramatically different than crossing the finishing line.”
- The National Underwriter reported on a bill drafted by the American Insurance Association (AIA) to deregulate insurance rates for some commercial lines that are unexposed to catastrophe risk. The article on the commercial insurance deregulation bill (SB 2176), sponsored by Sen. Durrell Peaden, R-Crestview, relates to unique risks. The AIA said the legislation is needed because while the Florida commercial insurance market is healthy, the trend where Florida regulators are “applying strict control over commercial rates” and delaying filing approvals has been spilling over to commercial lines from the homeowners side of the business.
- Several bills being introduced in the legislative session that starts this week will impact those living in condominiums, and a guest columnist in the Orlando Sentinel offers an overview. Some bills will allow community associations to collect rent directly from tenants in delinquent units and give condominium boards the ability to restrict delinquent owners from using common areas. The author of the column is the executive director of the Community Advocacy Network.
NU Online News Service, Feb. 25, 12:05 p.m. EST
A bill, with language supplied by an insurance trade group, to deregulate insurance rates for some commercial lines excluding those exposed to catastrophic risk, has been introduced in the Florida Senate.
The American Insurance Association (AIA), which helped draft the measure, SB 2176, said the bill, has been sponsored by Sen. Durrell Peaden, R-Crestview.
According to its text, the legislation would exempt “specified types of insurance and commercial lines risks from certain requirements of state law relating to the filing and review of rates.”
AIA noted that the bill only includes rates, not the related forms. The association added, “We’re not aiming at all commercial coverages – notably, property is excluded – but included are categories that are competitive, unique, or involve sophisticated insureds.”
AIA said the commercial lines covered under the bill would be:
- Excess or umbrella.
- Surety and fidelity.
- Boiler and machinery.
- Commercial motor vehicle.
- Errors and Omissions,
- Professional liability (except med mal).
- Directors and officers.
- Intellectual property.
- Environmental liability.
- Risks with annual premium of $25,000 or more, excluding property.
In making its case for the legislation, AIA said that although the Florida commercial market is healthy, there is a recent trend where Florida regulators are “applying strict control over commercial rates” and delaying filing approvals.
Cecil Pearce, AIA vice president, said, “Some of the [regulatory] culture in Florida on the homeowners side has shifted to the commercial side.”
Mr. Pearce said after the 2004 and 2005 hurricane seasons, Florida saw a lot of “legislative reaction,” where the goal was to try and have government fix the homeowners market. Now, he said, there is a “growing sense” that legislators realize the government fix is not going to work. The discussion has shifted, he noted, to how insurance capital can be brought into the state.
There is also a drive, he said, to get the state’s economy going again, as unemployment is over 10 percent. Attracting insurance capital on the business side, Mr. Pearce said, will help businesses in the state grow.
To that end, AIA said it has lined up support from the Associated Industries of Florida, a large business association in the state.
Mr. Pearce said the proposal is “nothing radical,” and opens up only commercial lines that have healthy competition, are not impacted by catastrophes, and have “products the business community needs to grow.”
During the last legislative session, the Florida legislature passed a bill deregulating rates for some homeowners insurance carriers, but the measure was vetoed by Gov. Charlie Crist.
Mr. Pearce said the buyers for the lines in AIA’s proposed bill would be risk managers for businesses, rather than homeowners, and so the same concerns may not arise.
But he noted that it is an election year, and the legislature already has to cut another $3 billion out of the state budget, and so he expects there to be caution about any new idea such as deregulating some commercial lines. He said he hopes the bill goes through in the current legislative session, but acknowledged it may take a couple of years to get it approved.
Mr. Pearce said AIA is meeting with the state’s Office of Insurance Regulation (OIR) on Monday to discuss the bill.
Brittany Benner, deputy director of communications at the OIR, said the OIR is aware of SB 2176, but is still reviewing it and therefore had no comment yet.
Florida Insurance Commissioner Kevin McCarty opposed the bill deregulating rates for select homeowners insurers.
NU Online News Service, Feb. 25, 12:05 p.m. EST
A bill, with language supplied by an insurance trade group, to deregulate insurance rates for some commercial lines excluding those exposed to catastrophic risk, has been introduced in the Florida Senate.
The American Insurance Association (AIA), which helped draft the measure, SB 2176, said the bill, has been sponsored by Sen. Durrell Peaden, R-Crestview.
According to its text, the legislation would exempt “specified types of insurance and commercial lines risks from certain requirements of state law relating to the filing and review of rates.”
AIA noted that the bill only includes rates, not the related forms. The association added, “We’re not aiming at all commercial coverages – notably, property is excluded – but included are categories that are competitive, unique, or involve sophisticated insureds.”
AIA said the commercial lines covered under the bill would be:
- Excess or umbrella.
- Surety and fidelity.
- Boiler and machinery.
- Commercial motor vehicle.
- Errors and Omissions,
- Professional liability (except med mal).
- Directors and officers.
- Intellectual property.
- Environmental liability.
- Risks with annual premium of $25,000 or more, excluding property.
In making its case for the legislation, AIA said that although the Florida commercial market is healthy, there is a recent trend where Florida regulators are “applying strict control over commercial rates” and delaying filing approvals.
Cecil Pearce, AIA vice president, said, “Some of the [regulatory] culture in Florida on the homeowners side has shifted to the commercial side.”
Mr. Pearce said after the 2004 and 2005 hurricane seasons, Florida saw a lot of “legislative reaction,” where the goal was to try and have government fix the homeowners market. Now, he said, there is a “growing sense” that legislators realize the government fix is not going to work. The discussion has shifted, he noted, to how insurance capital can be brought into the state.
There is also a drive, he said, to get the state’s economy going again, as unemployment is over 10 percent. Attracting insurance capital on the business side, Mr. Pearce said, will help businesses in the state grow.
To that end, AIA said it has lined up support from the Associated Industries of Florida, a large business association in the state.
Mr. Pearce said the proposal is “nothing radical,” and opens up only commercial lines that have healthy competition, are not impacted by catastrophes, and have “products the business community needs to grow.”
During the last legislative session, the Florida legislature passed a bill deregulating rates for some homeowners insurance carriers, but the measure was vetoed by Gov. Charlie Crist.
Mr. Pearce said the buyers for the lines in AIA’s proposed bill would be risk managers for businesses, rather than homeowners, and so the same concerns may not arise.
But he noted that it is an election year, and the legislature already has to cut another $3 billion out of the state budget, and so he expects there to be caution about any new idea such as deregulating some commercial lines. He said he hopes the bill goes through in the current legislative session, but acknowledged it may take a couple of years to get it approved.
Mr. Pearce said AIA is meeting with the state’s Office of Insurance Regulation (OIR) on Monday to discuss the bill.
Brittany Benner, deputy director of communications at the OIR, said the OIR is aware of SB 2176, but is still reviewing it and therefore had no comment yet.
Florida Insurance Commissioner Kevin McCarty opposed the bill deregulating rates for select homeowners insurers.
NU Online News Service, Feb. 25, 12:05 p.m. EST
A bill, with language supplied by an insurance trade group, to deregulate insurance rates for some commercial lines excluding those exposed to catastrophic risk, has been introduced in the Florida Senate.
The American Insurance Association (AIA), which helped draft the measure, SB 2176, said the bill, has been sponsored by Sen. Durrell Peaden, R-Crestview.
According to its text, the legislation would exempt “specified types of insurance and commercial lines risks from certain requirements of state law relating to the filing and review of rates.”
AIA noted that the bill only includes rates, not the related forms. The association added, “We’re not aiming at all commercial coverages – notably, property is excluded – but included are categories that are competitive, unique, or involve sophisticated insureds.”
AIA said the commercial lines covered under the bill would be:
- Excess or umbrella.
- Surety and fidelity.
- Boiler and machinery.
- Commercial motor vehicle.
- Errors and Omissions,
- Professional liability (except med mal).
- Directors and officers.
- Intellectual property.
- Environmental liability.
- Risks with annual premium of $25,000 or more, excluding property.
In making its case for the legislation, AIA said that although the Florida commercial market is healthy, there is a recent trend where Florida regulators are “applying strict control over commercial rates” and delaying filing approvals.
Cecil Pearce, AIA vice president, said, “Some of the [regulatory] culture in Florida on the homeowners side has shifted to the commercial side.”
Mr. Pearce said after the 2004 and 2005 hurricane seasons, Florida saw a lot of “legislative reaction,” where the goal was to try and have government fix the homeowners market. Now, he said, there is a “growing sense” that legislators realize the government fix is not going to work. The discussion has shifted, he noted, to how insurance capital can be brought into the state.
There is also a drive, he said, to get the state’s economy going again, as unemployment is over 10 percent. Attracting insurance capital on the business side, Mr. Pearce said, will help businesses in the state grow.
To that end, AIA said it has lined up support from the Associated Industries of Florida, a large business association in the state.
Mr. Pearce said the proposal is “nothing radical,” and opens up only commercial lines that have healthy competition, are not impacted by catastrophes, and have “products the business community needs to grow.”
During the last legislative session, the Florida legislature passed a bill deregulating rates for some homeowners insurance carriers, but the measure was vetoed by Gov. Charlie Crist.
Mr. Pearce said the buyers for the lines in AIA’s proposed bill would be risk managers for businesses, rather than homeowners, and so the same concerns may not arise.
But he noted that it is an election year, and the legislature already has to cut another $3 billion out of the state budget, and so he expects there to be caution about any new idea such as deregulating some commercial lines. He said he hopes the bill goes through in the current legislative session, but acknowledged it may take a couple of years to get it approved.
Mr. Pearce said AIA is meeting with the state’s Office of Insurance Regulation (OIR) on Monday to discuss the bill.
Brittany Benner, deputy director of communications at the OIR, said the OIR is aware of SB 2176, but is still reviewing it and therefore had no comment yet.
Florida Insurance Commissioner Kevin McCarty opposed the bill deregulating rates for select homeowners insurers.
- Rep. Bill Proctor has led the effort to bring stability to the property insurance market, and he describes the situation as a kaleidoscope – with a solution that seems to change every minute. The Associated Press article on solving the property insurance puzzle is in the Insurance Journal.
- The Florida Chamber of Commerce issued its legislative priorities, stating that this “is not the time to increase taxes, lawsuits or legislation.” The Chamber president also said in the Tampa Bay Business Journal that the state should make tough choices and “cannot return to the old way of doing business.”
News About the News Business
- A federal judge appointed two appraisers to determine a value for the News-Journal Corp. The current owners are seeking court approval to sell the publishing company to Halifax Media. More details on the newspaper sale are in the Daytona Beach News-Journal.
- The voluntary online payment-for-news experiment by the Miami Herald has ended. It was an attempt to increase revenue from online news, and the article on the voluntary payment states that the Herald won’t say how much money the effort raised. Other media companies, including The New York Times, have announced future plans to charge for online content. The Miami Herald currently has no plans to do so, although it does charge for mobile applications that deliver sports content.
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