Property & Casualty Insurance

Legislators made it quite clear that they are willing to risk the state’s financial future, for
immediate rate relief.
Why Does it Matter?
The state’s insistence on paying for hurricane losses after the fact requires that storm losses be paid back in the form of assessments (taxes) on virtually all lines of insurance. This includes auto, personal and professional liability, etc. There are four funding mechanisms created by the state for paying insurance losses. In a worst case scenario, each of these funds
would be subject to post-hurricane assessments, totaling as much as 84% in additional taxes on an employer’s insurance policy. Florida’s property owners (residential and commercial) will become responsible for paying off the state’s enormous debt in the event a bad storm or series of storms hits our state. Also unclear is how passage of the recent property insurance reform will affect Florida’s excellent bond rating. Increasing the state’s exposure to hurricane losses could end up hurting all Floridians in the long run.

Record 2004-2005 insurance losses and a dire 2006 storm forecast prompted AIF to raise a warning flag as to a property insurance meltdown. The 2006 Legislature responded with many new measures, which given time would have stabilized the market. However, a quiet 2006 hurricane season in conjunction with a fall election created just the right mix of conditions for Floridians to demand reforms to the property insurance system.

During an extraordinary January 2007 Special Session, Florida’s Legislature approved a bill that shifts much of the state’s escalating hurricane risk from homeowners to the state and businesses. There are many provisions in the complex and comprehensive bill (HB 1A) that was passed during the recent Special Session, but three themes emerged.

First, the state made several changes to its governmental insurance programs (Citizens and the Florida Hurricane Catastrophe Fund) that ultimately could result in a state takeover of property insurance. It also reverses persistent efforts that had been made over the past to shift hurricane risk away from Citizens and onto private sector insurers.

Second, the bill transfers the cost of hurricane risk from pre-event funding through insurance premiums to post-event funding through policyholder assessments after a hurricane hits. Legislators made it quite clear that they are willing to risk the state’s financial future, and to possibly trigger substantial assessments against businesses’ insurance premiums, in exchange for immediate rate relief.

Third, the bill imposes onerous, unprecedented new conditions on private insurers. Rather than reducing insurance costs, these restrictions are likely to discourage companies from writing new or continuing existing policies, thereby exacerbating the affordability and availability of property insurance for all citizens and businesses in Florida.

On a positive note, the Legislature enacted a statewide building code and enacted safeguards to prevent its erosion. Lawmakers adopted AIF’s and the Florida Hurricane Crisis Coalition’s recommendation to establish a process to improve the existing mitigation grant program. These are beneficial changes that, over time, will make Florida’s building stock more resilient and reduce hurricane losses. But they are not enough to offset the state’s refusal to get its financial house in order to prepare for future storms.

AIF Position
AIF applauds the efforts of Governor Crist and lawmakers for their efforts to bring lower property insurance rates to Floridians. However, there is still much work to be done. Among other things, the Legislature should consider expanding the state’s mitigation program for homeowners, it should allow for interim property insurance rate adjustments for nursing homes, and it should look for ways to provide actuarially sound prefunding of future hurricane losses. The business community is concerned about some aspects of the bill, such as the decision to expand Citizens. AIF looks forward to continuing to work with state leaders on long-term insurance solutions.

 


516 North Adams Street ● Post Office Box 784 ● Tallahassee, Florida 32302-0784 ● Phone: (850) 224-7173 ● Fax: (850) 224-6532 ● www.aif.com

 

 

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Associated Industries of Florida ● 516 North Adams St. Tallahassee, FL 32301 ● (850) 224-7173
National Association of Manufacturers State Affiliate

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