The roots of the Florida insurance crisis
Multiple factors have led to Florida’s homeowners insurance crisis, and industry observers say it’s been decades in the making. Insurance claim fraud, frivolous lawsuits, severe weather events, including Hurricanes Ian and Nicole in 2022, and inflation have all driven up insurance companies’ costs. These expenses have then been passed on to consumers.
Now, the dwindling number of insurers leaves consumers competing for coverage, which drives prices up even more.
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Severe weather and natural disasters
From 2020–2022, Florida suffered 15 billion-dollar weather and climate disasters, totaling $100–$200 billion. It has also suffered five severe weather events totaling nearly $15 billion more in 2023 so far, including Hurricane Idalia in August.12
Most experts expect risk factors to continue to escalate in Florida. In fact, the frequency and expense of weather and climate disasters in the United States is increasing. This is due to increased exposure (value of at-risk assets), vulnerability (intensity in a given location), more people living in harm’s way (population shifts to coastal areas), and increasing frequency of some types of extreme weather due to climate change, according to the National Oceanic and Atmospheric Administration’s Climate.gov website.
And risks extend beyond hurricane season. For instance, some counties in Florida are at heightened risk of having structures destroyed by wildfires due to warmer temperatures, the First Street Foundation reported. And non-tropical flood events are also a year-round risk in Florida. For example, April 2023 saw an historic rainstorm pour 2 feet of rain on Broward County in 24 hours.
Dwindling number of insurers
The dwindling number of insurance companies writing policies in Florida has made it difficult for homeowners to find coverage through private insurance. The situation is so dire that Citizens Property Insurance Corporation, Florida’s insurer of last resort, is now the biggest insurer in the state, according to “The 9th Annual National Risk Assessment” from First Street Foundation.13
Premiums from Citizens are 37.5% below the private market average, Citizens CEO and president Tim Cerio told WINK News. But the state is bringing in new private insurers and requiring homeowners to make a switch at renewal time if the private company offers a premium up to 20% more expensive than the Citizens renewal rate.
Such a move might be necessary because Citizens lacks the reserves to pay claims for a major hurricane. But the law allows Citizens to collect an emergency surcharge on homes — not only on the homeowners it insures, but on non-Citizens policyholders, too. What’s more, state regulators approved an average rate hike of 11.5% for Citizens.14
Lawsuits
While Florida generates less than 10% of homeowners insurance claims, 79% of homeowners insurance lawsuits are filed here, according to the Insurance Information Institute (Triple-I).10
In 2017, the Florida Supreme Court ruled that in suits against insurance companies, courts could award plaintiffs’ attorneys up to 2.5 times their hourly billing rate when courts ruled in the plaintiffs’ favor. This means even simple lawsuits can rack up hundreds of thousands of dollars in attorney fees, the III noted.
Exacerbating the lawsuit issue is “legalized fraud,” in Triple-I’s words. Claims adjusters might catch contractors who inflate the cost of repairing damage and ask policyholders to assign over their benefits. When the insurer reduces or denies the claim, the contractor sues in the hope that the insurance company will settle rather than risk having to pay exorbitant legal costs if a judge rules against it.
Legislators passed a reform bill in December 2022 to end one-way attorney fees, the prime generator of frivolous lawsuits, and to eliminate assignment of benefits for home policies, hoping to reduce contractor fraud schemes.11 Insurers are starting to report a decline in lawsuits due to the reform package, according to Triple-I.
Inflation
For two decades, nationwide insurance premiums have risen faster than inflation, according to a November 2023 research brief from the Insurance Research Council. Contributing factors include natural disasters, increasing home-repair costs, supply chain disruptions, and migration of populations into disaster-prone areas, the IRC noted.
Florida ranked second among the least affordable states. In 2020, household expenditures on homeowners insurance reached 3.79% of the state’s median income. Compare that to the least expensive state, Utah, where insurance premiums were 0.92% of the median income.
Fraudulent claims
The insurance fraud contributing to Florida’s insurance crisis takes many forms. In one recent example, people posing as licensed public adjusters and a mold remediation company owner filed claims on behalf of an unwitting homeowner for non-existent water and mold damage from an air conditioning unit.9
Roof scams are also common. Unscrupulous contractors go door-to-door offering free roof inspections, lie about finding storm damage, and then promise homeowners a free roof with no deductible if they assign their benefits to the contractor. This allows the contractor to be paid directly by the insurance company. Some shady contractors have even been caught intentionally damaging roofs to justify claims.
In other cases, damages are real, but the repair costs are grossly inflated by contractors who might ask the homeowner to assign them their benefits. Rather than risk being sued, the insurers sometimes settle out of court to avoid a drawn-out legal battle that would rack up high expenses, regardless of the validity of the claim.