The agenda developed by the insurance community and its business allies for Florida's 2011 legislative session is our biggest "ask" ever. It includes a property package more comprehensive and stronger than SB 2044 vetoed by then-Gov. Charlie Crist in 2010; insurer bad faith law reform, including a right to cure; significant medical malpractice insurance issues; expanded rate deregulation for commercial insurance; flex rating for residential insurance; an insurance fraud package preserving the two top fraud-fighting tools, independent medical exams (IME) and examinations under oath (EUO); and PIP attorneys fee caps.
It is staggeringly ambitious, but one reflective of the insurance market crises facing us. Florida now has not only one of the most troubled property insurance markets in the country to underpin its status as the hurricane risk epicenter of the entire world, but one of the worst auto insurance markets and the fastest growing region for staged accidents and PIP clinic fraud. Additionally, for years our insurer bad faith law has been considered the most onerous anywhere, with its "gottcha clause" producing multi-million-dollar bad faith settlements.
Consensus Is Critical
We actually have a fair to good chance at passing much or most of this ambitious agenda. The problems are severe enough and the coalitions behind the proposed legislative solutions are broad enough, including a new pro-business governor and Cabinet and pro-business legislative leaders, such as House Speaker Dean Cannon, R-Winter Park, and Senate President Mike Haridopolis, R-Melbourne.
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