Legislation

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Fighting Fraud and Higher Premiums

There is no denying homeowner’s insurance premiums have skyrocketed in recent years. As Florida residents, we have all been left wondering when these increases will stop and if rates will ever lower. The power to affect change to lower premiums is in our control, by making our voices heard before State legislators.

June 2021

Senate Bill 76 Is Signed Into Law

Governor DeSantis signed Senate Bill 76 into law on June 11, 2021. This Bill having been signed into law, paves the way for additional reform efforts to continue in Florida’s homeowners insurance market, as much work remains to be done. A summary of the changes Florida residents can expect to see from this legislation include:

Prohibited Advertising

Roofing contractors or others acting on their behalf are prohibited from soliciting claims (via phone calls, documents, or electronic communications). Doing so may incur a $10,000 fine for each violation.

Reporting claim deadline

All claims are to be reported within two years of the date of loss, not three years, with an additional year allowed for supplemental claims.

No "one-way attorney fee-statute"

Attorney fees and costs will be contingent on obtaining a judgment for indemnity, which exceeds the pre-suit offer made by the carrier.

Pre-suit Demand

Plaintiff attorney to file a pre-suit demand at least 10 days prior to filing a lawsuit with an estimate of all attorney fees and costs and amounts in dispute. It also allows the carrier to request meditation/alternative dispute resolution.

With 76% of the insurance lawsuits filed nationwide coming from Florida, but only 8% of the payouts going to Florida homeowners, we believe this law is the first step in combating the rampant abuse of our justice system, preying our residents, and a step in the right direction to stabilize the insurance marketplace.

July 2019

Assignment of Benefits and Rights

Although the law to stop Assignment of Benefits fraud was signed into law on July 1, 2019, AOB fraud continues to occur across our State under different names such as Assignment of Rights. As a policyholder, it is important you know your rights and do not assign them to a third party vendors (such as a contractor, roofer, or plumber) at any time. Such documents, when signed by a homeowner, will allow the third party to receive a direct settlement of your claim possibly leaving you to make repairs at your own cost.

Sample AOB or AOR language:

YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.

As per the AOB Law passed in 2019, a policyholder may cancel the AOB/AOR contract without penalty or fees by presenting the third party with a signed written notice of their desire to cancel:

Within 14 days after executing the AOB;
At least 30 days after the date the third-party vendor is scheduled to start work, if that vendor has not already completed a substantial amount of the work; or
At least 30 days after executing the AOB, if the AOB does not have a start date for the work and the third-party vendor has not begun substantial work on the property.

In the event you suffer a loss, your first call should be to our Claims Department for assistance. We have a team a experienced and dedicated representatives to guide you through the claims process without falling prey to an outside party seeking to benefit from your loss.

To learn more about how you can prevent AOB watch this video:

Division of Consumer Services – Everything you need to know about AOB