NFIB Applauds Sweeping Property Insurance Reform

December 16, 2022

NFIB Applauds Sweeping Property Insurance Reform

NFIB State Executive Director Bill Herrle says Florida’s small business community applauds the Florida Legislature for passing Senate Bill 2A, sweeping legislation that would overhaul the state’s property tax system. Gov. Ron DeSantis signed the bill today, Dec. 16. “We’re glad the legislature included commercial property in all their reforms,” Herrle said. “While commercial property insurance does not face the same onslaught of litigation, this legislation will protect businesses from becoming the trial lawyers’ next target.” NFIB members did a great job of telling their legislators calling for legislators to bring a hard stop to the litigation racket that has crippled Florida’s homeowners’ insurance market, he said. “Small business owners’ economic well-being depends in big part on stabilizing the homeowners’ insurance market,” Herrle said. “Our members still face a tough labor market, and the cost of homeowners’ insurance makes it more difficult to compete for quality workers.” Herrle called SB2A one of the most aggressive tort reform bills in memory, “and I think the trial bar would agree, based on how strongly they opposed the measure.” During one committee hearing, for example, South Florida policyholder attorney Valorie Chavin told lawmakers, “You do not have to take the consumer’s right to access to courts,” and added, “Mark my words: Lawyers will still get paid. It will come out of the money that is supposed to go fix your constituent’s home.” Click here to watch a replay of the Jan. 13 House Commerce Committee hearing. Chavin’s remarks begin at about the 2:42:40 mark. Herrle said, “Throughout this week’s special session, we found the trial lawyers’ smug attitude toward this legislation absolutely galling. Though they failed to stop this measure, they continued to oppose this legislation despite obvious runaway lawsuit abuse. “The fact of the matter is Florida represents nearly 80 percent of all homeowners’ litigation over claims filed,” Herrle said. “Trial lawyers should have looked in the mirror before they walked into the Capitol to oppose this good bill.” SB2A prohibits the assignment of benefits in property insurance and raises the bar to establish bad faith. These two provisions in the law were what made it possible for homeowners to lose control of their own insurance claim and for litigation to be initiated without their consent that could result in damages far more than the policy limits. This abuse has nearly wrecked Florida’s homeowners’ insurance market. Most provisions become law upon signature. The rest would become law on Jan. 1.