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Not A Good Neighbor—State Farm Escapes on Technicalities of Poorly Written Florida Legislation | Property Insurance coverage Protection Legislation Weblog

Maintaining on the developments of property insurance coverage legislation is why so many individuals come to this weblog. U.S. District Decide Michael Moore not too long ago made a degree that some policyholder safety legal guidelines haven’t any tooth as a result of the policyholders which are harmed can’t implement the insurance coverage legal guidelines designed to guard them. He not too long ago wrote:1

For higher or worse, Plaintiffs are proper to level out that Subsection (5)(a) will, at instances, create a violation and not using a treatment—i.e., situations through which an insurer is discovered to have violated solely the curiosity provisions of Subsection (5)(a) with out some other violations meriting an omnibus advantages swimsuit. For example, had been Plaintiffs’ authorized and factual contentions to bear fruit within the case at bar with out the ‘sole foundation’ clause, the Courtroom estimates that Plaintiffs would stand to get well about $30,000.00 in damages.

The Courtroom is troubled by such a regime: Subsection (5)(a) explicitly prohibits conduct whereas concurrently offering that conduct with a safe-harbor. And maybe more-than-coincidentally, the Courtroom notes a transparent sample of this Defendant dealing with allegations of failure to pay curiosity underneath Subsection (5)(a). We aren’t right here to determine whether or not State Farm has been neighbor. However rightfully or wrongfully, State Farm has been implicated in a number of comparable circumstances (a few of which this Order rests upon.)… But the very fact stays that any flaw on this framework is legislative in nature, as could be its repair. The Courtroom shall not second-guess a purposeful legislative scheme with out firmer statutory or authorized foundation to take action.

Florida Governor DeSantis and the present Florida Republican management are writing comparable insurance coverage legal guidelines which take away non-public causes of motion for Florida policyholders who’re harmed in order that solely an administrative entity can do something concerning the violation. These are actually fake shopper protections, and Floridians ought to be upset that these politicians assume residents won’t catch on to the insurance coverage firm supported Republicans writing these legal guidelines. 

Once more, I’m a registered Republican and even gave a six-figure donation to a former Republican governor working for President. Republican Donald Trump is appropriate to say that Republican DeSantis and the Republican Florida political leaders have bought out to the “globalist” insurers.           

On this case, State Farm delayed cost of the quantities owed, and curiosity owed could be over $30,000 required to be paid by Florida Statute. Did State Farm pay what the legislation requires it to pay? No. The issue is that Florida legislation doesn’t let the policyholder sue to implement the curiosity owed. So, State Farm didn’t pay it regardless of the legislation requiring that it’s paid.  

The underside line is that the harmed policyholders ought to have the ability to implement the legal guidelines designed to guard them as a result of these policyholders have essentially the most motivation to implement the legal guidelines towards the wrongdoer insurance coverage corporations. Taxpayers shouldn’t need to pay cash to help an pointless governmental entity to implement legal guidelines higher enforced by the individuals with the monies at stake.

Thought For The Day       

I don’t wish to be a sellout.

—Dr. Disrespect

1Barbato v. State Farm Florida Ins. Co., No 1:22-cv-22891 (S.D. Fla. Apr. 14, 2023).



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