Chief Financial Officer Alex Sink appointed attorney Sean M.Shaw as Florida's Insurance Consumer Advocate in November. Theinsurance consumer advocate represents the public in a wide rangeof public insurance forums, including health-care panels, publichearings, rate filings, NAIC working groups, and statutorilyappointed boards and task forces.

Prior to his appointment, Shaw was an associate with theTallahassee-based law firm Messer, Caparello & Self PA, wherehe practiced civil, criminal and administrative litigation with anemphasis on employment law. He is admitted to practice before allFlorida state courts, the U.S. District Courts for the Northern,Middle, and Southern districts of Florida as well as the U.S. Courtof Appeals for the Eleventh Circuit. He has held various committeepositions that focus on the young lawyer, minority and studentpopulations within the Tallahassee, Florida, and American Barassociations.

He recently spoke with Florida Underwriter about his newposition.

Q. Soon after your appointment, newspaper articles andletters-to-the-editor began appearing expressing the public'sdiscontent with the "opt out" process of Citizens PropertyInsurance Corp. Some policyholders and media pundits thought thechoice should be to "opt in," rather than "opt out." What is yourposition on this?

A. As Florida continues to struggle toward creating a propertyinsurance market in a state at risk of catastrophic storms, theLegislature has continued to modify the role of Citizens to assurethat our homeowners have access to adequate property insurance. Inthis debate, I do believe in policyholder choice – that is, to befully informed that a new private sector policy is available tothem and to allow the policyholder to make this choice. The"stay-in/opt-out" provision was designed to encourage a smoothtransition from Citizens to a private sector company. In light ofthe concerns now being raised by affected Citizens' policyholders,our office is examining the issue to determine if policyholders arebeing best served by the "opt-out" default setting. I need to pointout that all our state leaders, including the insurance consumeradvocate, are committed to providing quality service topolicyholders and to encouraging a stable marketplace populated byprivate sector companies that are adequately capitalized.

Q. Part of the stated vision for the insurance advocate's officeincludes improving market/business practices and identifying markettrends that affect Floridians. Do you perceive your role asreactive or proactive? Can your "stepping in" early be a bellwetherfor companies to adjust their procedures?

A. Excellent question, and directly on target. This office mustbe proactive in identifying bad trends before they become largeproblems for the consumer. Obviously, we must also react toproblems in the various insurance markets, but we must take thelead in using the extensive data available to our office in orderto step in when necessary.

Q. You take part in many committees, task forces, and the like.Where can you best serve the public interest?

A. That's a tough question. I believe that service on all thesecommittees and task forces assists this office in meeting itsmission. Whether it is service on the Board of the Florida Worker'sCompensation Insurance Guaranty Association or service on the TaskForce to Safeguard our Seniors, this service allows the insuranceconsumer advocate to be a part of the decision-making process andanalysis on various issues. In addition, our mere presence on thesevarious boards and task forces ensures that the voices of Florida'sinsurance consumers are heard.

Q. Do you intercede for individuals or do you operate more witha "big-picture" focus?

A. Both. Although the Division of Consumer Services is theentity responsible for most of the individual consumer requests forassistance, we do have some involvement when a consumer request iscomplex, or the request might indicate a business practice ormarketplace trend that suggests a "big-picture" issue. However, wewould like to move this office more toward big-picture oversightand big-picture intervention.

Q. What are some of the concerns passed on from yourpredecessors?

A. Perhaps the biggest concern is the fact that Florida citizensare in danger of being assessed by multiple entities in the eventof a hurricane. We must find a way to lower the people's currentlevel of exposure so that the private market assumes the riskassociated with hurricanes, rather than placing that risk on thebacks of Florida taxpayers.

Q. Health care is a huge issue in Florida. Do you see the needfor an additional insurance advocate to tackle the consumer issuesof health care?

A. I am certain that our office can address these issues. Ourstaff has, collectively, a very solid knowledge base in healthinsurance. In my opinion, from the consumer's point of view, themost significant challenge in the market is to reduce the number ofpersons in our state who are uninsured, underinsured, and who donot have access to affordable, quality health-care services.

Q. In light of the recent workers' compensation reforms, accessto medical care appears to be more difficult for injured workers.There also is the concern that some employers don't carrysufficient employee coverage. What is your opportunity in thisarea?

A. We are aware of the emerging issues of access to health-careproviders — provider choice and timeliness of access — thatworkers' advocates have brought to our office and to other playersin the workers' compensation insurance system. We continue to workwith the Department of Financial Services Division of Workers'Compensation to help identify just where the law intersects theadministration of the workers' compensation system, and how neededchanges should be addressed. On the issue of sufficient coverage, Isee the responsibility to carry coverage as the responsibility ofthe employer. I am pleased that the Division of Workers'Compensation has an aggressive program to assure employercompliance.

Q. When will you be producing your first Report Card forResidential Property Insurers as mandated by the Legislature?

A. This is a tough question. Implementation of the requirement,which was passed in a massive property insurance bill, would be aduplication now of performance standards that were required ofinsurers in that same bill. We've requested the Legislature tore-examine the cost benefits of an extensive reporting requirement,since the office was not fully funded to cover the technology costsof implementation.

Q. Another aspect of your duties relates to the Legislature.Does that make you a lobbyist with the state's largest constituency— the citizens of Florida?

A. I certainly would like to think so. You could even say thatmy biggest and only clients are Florida's citizens.

Q. Do you interact with the state's insurance agent associationsand their various task forces?

A. This office has regular communication with all thestakeholders from the industry, agent, and consumer sides. Opencommunication is key to our mission of maintaining a balancebetween a viable, competitive insurance market and consumers' needsfor accessible, affordable insurance products

Q. What is the preferred method for the public to contact youroffice?

A. Consumers should always work first with their insurancecompanies. Generally, consumers will find that customerrepresentatives are helpful and may be able to resolve a problemwithout the need to go to the state. For assistance requests, we dorecommend a consumer start by contacting the Division of ConsumerServices at www.myfloridacfo.com or 877-693-5236. If a Floridacitizen has a "big issue" — a business practice of the insuranceindustry or a belief that the market is not working correctly orthere is need for a consumer voice on a legislative proposal —those are the kinds of activities where my office seeks to get moreinvolved. People can go to our Web site at www.fldfs.com/ica, orsend a letter to me: Sean Shaw, Insurance Consumer Advocate, TheCapitol, Room # LL 26, Tallahassee, FL 32399-0308 or call850-413-5923.