Florida's insurer of last resort has been hit with a proposed class action suit accusing the state operation of underpaying Hurricane Wilma claims from Miami and Broward County homeowners.

The Hurricane Law Group, which filed the action, alleged that Citizens Property Insurance claims adjusters in Miami-Dade and Broward Counties ignored the cost of the Florida Building Code's requirement that damaged windows be replaced with high impact glass or nonimpact glass and a hurricane shutter.

Citizens' spokesman Rocky Scott said the carrier would have no comment as it has yet to receive the complaint.

"Citizens disregarded the Florida Building Code in its claims adjustment, and policyholders were only paid to repair their damaged windows with simple glass window replacements," said Paul Berger, managing attorney of the Miami-based law firm.

As a result, tens of thousands of Floridians were underpaid for their Hurricane Wilma losses and are now at risk should another storm strike South Florida.

The Florida Building Code was created after Hurricane Andrew to protect Miami-Dade and Broward County residents from wind damage.

"By ignoring the Florida Building Code, Citizens is putting South Floridians at increased risk from future storms and lowering the prescribed hurricane resistance of thousands of homes in South Florida," Mr. Berger said.

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