Florida

Price hike expected for flood insurance

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May 4  |  Federal Emergency Management Agency, Florida, National Flood Insurance Program, News  |   dbacher

WASHINGTON – The National Flood Insurance Program, the only source of coverage for 2.1 million Florida households, will raise its rates by an average of 5 percent in October and maybe as much as 20 percent in high-risk areas over the next few years.

Federal officials also have told Florida insurance agents they can no longer provide discounts of up to 15 percent for their customers.

The looming increases are another jolt to home ownership in the state, especially in coastal areas or along inland waterways near sea level, where lenders cannot finance a mortgage without flood insurance. Some of the riskiest areas may even be excluded from coverage, making further development untenable in those parts of the state.

Higher rates are inevitable as Congress lumbers toward revamping the insurance program, which is mired in more than $18 billion of debt.

“People who receive the most subsidies in risky areas will see big premium increases, probably phased in,” predicted Eli Lehrer, national director of the Center on Finance, Insurance and Real Estate at The Heartland Institute in Washington. “Rates have to go up. The real question is: Will the program be sustainable? It cannot continue at the rates it has now.”

The impact is especially significant in Florida, home to 2.1 million of the nation’s 5.6 million flood-insurance policies. The most vulnerable areas to flooding are on the southern tip of the peninsula below Lake Okeechobee and along the Atlantic coast east of Orlando.

A bill already passed by the House would set premiums more in line with actual risks, which would raise rates in some places and lower them in others. The Senate is considering its own version. Both bills would modernize maps used to designate flood zones and determine rates.

Congress must agree on reforms — or pass another extension of the current program – by May 31 to prevent it from expiring. The program has lapsed several times in recent years while Congress remained deadlocked, wreaking havoc with Florida real-estate deals because many cannot be closed until flood insurance is secured.

“There could be a short-term blip if closings are delayed,” said Mike Larson, a real estate analyst at Weiss Research in Jupiter. “It can change what you owe for closing costs. There are some hitches that could come up if you cannot write flood insurance policies.”

The Federal Emergency Management Agency, meanwhile, has informed Florida insurance companies that as of Oct. 1 they will no longer be able to provide “rebates,” or discounts that have sliced premiums for some customers by as much as 15 percent.

A Vero Beach company, Statewide Condominium Insurance, has launched a petition drive, rounding up signatures from Florida residents to pressure FEMA to save the rebates. The goal is 100,000 signatures by Aug. 1.

The company says it has rebated more than $2 million a year to its clients, and some other companies are making similar offers.

Homeowners can purchase flood insurance directly from FEMA. But most buy coverage through insurance agents, who typically deal through an intermediary known as “Write Your Own” companies, which acquire policies from FEMA.

The government gets the full premium and shoulders the risk. But some agents in Florida, making use of state law, rebate some of their sales commissions to attract customers.

A FEMA spokesman said the agency decided to quash rebates because the program is “better served by a system of uniform national pricing that will ensure policyholders pay the same price for the same risk.”

He noted that 48 other states consider rebates “an illegal inducement to purchase insurance,” and that rebates have sparked complaints from competing agents and companies.

FEMA decided that rebates emphasize price over protection and lead to “policy churning,” prompting consumers to buy new or replacement policies year after year that drive up operating costs for the program. And rebates can lead to discrimination among policyholders, FEMA concluded.

But ending rebates means that many Floridians will pay more, said Jerry Wahl, president of Statewide Condominium Insurance. “Times are tough,” he said, “and we believe all businesses should be permitted to conduct operations in accordance with Florida statutes.”

Florida holds 37 percent of policies nationwide.

Of all the cities and counties in the state, unincorporated Miami-Dade Countyhas the most policies by far, with 194,982. Unincorporated Palm Beach County has 72,568, Miami has 48,945, Miami Beach 47,523, Fort Lauderdale 43,299 and unincorporated Broward County 34,809.

Inland Florida generally has less coverage, but some parts are still prone to flooding. Orlando has 3,962 policies, and unincorporated Orange County has 11,744. The risk of flooding gets worse along the Atlantic coast, where unincorporated Brevard County has 27,143 policies.

Florida flood insurance put at risk

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April 30  |  Federal Emergency Management Agency, Florida, News  |   dbacher

State officials propose a fix

– The Florida Legislature‘s attempt to speed building permits and kickstart construction has inadvertently put the state’s homeowners in jeopardy of being booted out of the National Flood Insurance Program.

Without flood insurance, you can’t get a mortgage in much of Florida. The impact on housing, construction and the state’s fragile real estate market would be devastating.

But state officials have a fix in the works. They say Florida simply cannot afford to be excluded from national flood coverage.

“Florida is a low-lying peninsula with a lot of land at or below sea level. It’s got to have flood insurance,” said Eli Lehrer, an expert on flood insurance at The Heartland Institute, a free-market think tank in Washington and Tallahassee. “And right now, the National Flood Insurance Program is the only game in town. It’s not realistic to think that Florida could withdraw from NFIP tomorrow.”

The problem stems from a bill passed by the Legislature last month with little sign of controversy.

Since then, the Federal Emergency Management Agency has warned Gov. Rick Scott that the bill contains a provision that could make the state ineligible for federally subsidized national flood insurance. Scott plans to review the bill before deciding whether to sign it, a spokeswoman said this week.

The provision says that Florida communities are no longer required to get approval by any federal or state agency before issuing building permits. But FEMA says it cannot provide flood insurance to communities that do not meet certain conditions. Those include observing federal flood-plain management rules that exclude development in some flood-prone zones and require buildings to be elevated on higher ground or foundations in other risky places.

The new Florida legislation could impede enforcement of such requirements “and may jeopardize the state’s voluntary participation in the NFIP,” FEMA regional administrator Major P. May told Scott in a letter last month.

May noted that Florida is especially dependent on the program. “There are 459 communities participating in the NFIP in Florida,” he wrote, “and there are 2,059,371 flood insurance policies in the state with just over $471 billion in flood coverage.”

That includes 377,575 policies in Broward County, 163,926 in Palm Beach County and 382,499 in Miami-Dade County.

Anxious to resolve the matter, state officials suggested allowing communities to issue permits under the new bill but stipulating that all federal and state requirements be met before actual construction can begin. The idea is to accelerate the permitting process while still complying with federal demands.

In response, FEMA indicated that this arrangement might be acceptable as long as the stipulation is properly enforced. The agency and Scott are now reviewing the matter.

“It’s a sign that FEMA will work with us on this,” said William Booher, external affairs director of the Florida Division of Emergency Management.

“We are confident that any potential issues with this bill in regard to the flood insurance program will be worked out between FEMA and the state, and we would not see any disruption,” he said.

The hitch underscores the importance to Florida of the controversial flood-insurance program.

“It’s $18 billion in debt, with no way to pay it back,” said Lehrer, one of many critics. “It encourages construction where it shouldn’t happen, damages the environment and impedes the development of a private market for flood insurance.”

But unless the private market presents a real alternative, he said, states like Florida will depend on the govenment subsidized program.

Congress has allowed it to lapse in recent years before renewing it long enough for members haggle over a long-term extension. It will expire on May 31 unless Congress takes action.

The House passed a bill last year to revamp the program. The Senate is considering its own version.

Each time the program nears an expiration date, Florida real estate agents fret they will not be able to process new home loans.

“If it is not renewed, there would be a lapse, which would wreak havoc with real estate closings, particularly in Florida.” Lehrer said. “This has happened several times in the last five or six years. It’s not an end-of-the-world situation. They (Congress) just kick the can down the road again.”

Florida called ‘ground zero’ for flood risk

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March 21  |  Florida, Global Warming, News  |   agetz

Global warming could swell seas three feet higher by 2100, putting more than 1.6 million Floridians at risk of flooding, according to research released Wednesday.

That many people in Florida live less than three feet above the high-tide line. And even more could fall within harm’s way from storm surge as melting ice caps catch up to all the warming in recent years, the researchers said.

“When you remove an ice cube from the freezer and put it on the table, it takes a while to melt,” said Ben Strauss, a researcher with Climate Central, a nonprofit group of scientists and journalists based in New Jersey. “While we still have time to act to slow sea-level rise, in the long run we’re already committed to a certain amount of sea-level rise.”

Strauss helped write two new studies that show for the first time the possible vulnerability of the nation’s population, housing and land from sea-level rise, including local timelines for how fast the risk is likely to increase.

The studies, published in Environmental Research Letters, also included scientists from the University of Arizona and the National Oceanic and Atmospheric Administration.

They mapped how the threat from even small increases in sea level affect storm surge, especially for people living less than 1 to 6 meters above the local average high tide line.

They found:

Florida ranks the most at-risk in the nation, with 894,339 housing units less than 1 meter above the high-tide line.

About 12,355 square miles of the coastal U.S. (an area bigger than Maryland) and 2,206 square miles in Florida lies less than 1 meter above the high-tide line, threatening about 2 million houses and 3.7 million people.

At the closest tide gauge to Brevard that the researchers examined, Fernandina Beach, sea level rose an average of 2.4 millimeters a year from 1959 to 2008.

Climate Central also plans to launch a website, SurgingSeas.org, which includes an interactive map to search risks at the neighborhood level.

“Florida is ground zero for sea level rise,” Strauss said.

(Page 2 of 2)

“The impacts that we present are probabilities,” he added. “People choose to live with different risks. This is not a guarantee of a result.”

At current sea-level rise estimates of 2 to 3 millimeters per year in Florida, the ocean would take more than 400 years to rise by 4 feet.

But fire, sewer, roads and other critical infrastructure along the Space Coast could be compromised by half that amount of rise, which could happen by 2050, according to a study two years ago of Satellite Beach. A quarter of the city’s current 3.4 square miles would go under water by 2100 if sea level rises 4 feet or higher, according to the study by a Melbourne consultant and a researcher at Florida International University.

“A lot of the flooding will occur along the lagoon side,” said Randall Parkinson, a local geologist who worked on the Satellite Beach study.

“I don’t think the state has a strategy, in fact I know they don’t,” Parkinson said.

“It’s a lot about what happens after you have a catastrophic event, how do you redevelop?” he said of the planning Florida ought to be doing.

In 2009, Broward, Miami-Dade, Palm Beach and Monroe counties formed a compact to map out ways to adapt to climate change.

“At the state level, I think we’re going backwards,” Parkinson said. “But regional and local, that’s where we are beginning to see some progress.”

“The impacts that we present are probabilities,” he added. “People choose to live with different risks. This is not a guarantee of a result.”

At current sea-level rise estimates of 2 to 3 millimeters per year in Florida, the ocean would take more than 400 years to rise by 4 feet.

But fire, sewer, roads and other critical infrastructure along the Space Coast could be compromised by half that amount of rise, which could happen by 2050, according to a study two years ago of Satellite Beach. A quarter of the city’s current 3.4 square miles would go under water by 2100 if sea level rises 4 feet or higher, according to the study by a Melbourne consultant and a researcher at Florida International University.

“A lot of the flooding will occur along the lagoon side,” said Randall Parkinson, a local geologist who worked on the Satellite Beach study.

“I don’t think the state has a strategy, in fact I know they don’t,” Parkinson said.

“It’s a lot about what happens after you have a catastrophic event, how do you redevelop?” he said of the planning Florida ought to be doing.

In 2009, Broward, Miami-Dade, Palm Beach and Monroe counties formed a compact to map out ways to adapt to climate change.

“At the state level, I think we’re going backwards,” Parkinson said. “But regional and local, that’s where we are beginning to see some progress.”

Florida Citizens Proposed Changes Include Mandatory 10% Sinkhole Deductible

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December 13  |  A.M. Best, Citizens, Florida  |   agetz

By Jeff Jeffrey

A.M. Best Company, Inc.

Florida’s Citizens Property Insurance Corp. has approved a series of recommendations designed to put it on stronger financial footing. The recommendations will now be debated by the Florida Cabinet on Dec. 6.

Members of Citizens’ actuarial and underwriting panel said during a Nov. 30 meeting that many of the recommendations would save Florida residents millions of dollars without needing new legislation to implement them. The recommendations include implementing a mandatory 10% sinkhole deductible; eliminating an increased limit to personal liability coverage, which had been raised to $300,000; and eliminating increased loss assessment coverage. In all, the panel made a total of 30 recommendations that would be implemented this month and during the first three quarters of 2012.

Citizens, formed in 2002 by combining two residual-market associations, has swelled to become not just the largest property writer in Florida, but the 14th-largest homeowners multiperil writer in the United States, based on direct premiums written last year of $1.16 billion, according to A.M. Best data. After extremely active hurricane seasons in 2004 and 2005, reinsurance rates soared and homeowners rates increased as a result. The state legislature capped increases for Citizens at 10% annually in 2009.

The corporation has already imposed some additional changes to the kinds of coverage it writes and how those policies are written.

Starting next year, the company will end coverage of many screened enclosures and car ports, as well as end coverage of detached structures, including gazebos, cabanas and pergolas. There is also a $10,000 sublimit for cosmetic or aesthetic damages to floors (Best’s News Service, Nov. 4, 2011). The company also has implemented a sinkhole-inspection program, and earlier this year, it approved two additional remedies for policyholders whose homes are wired with aluminum, a potential fire hazard (Best’s News Service, March 16, 2011). The company also is looking into phasing out its builders risk program and exploring ways to encourage private insurers to take some of its business.

But Florida Gov. Rick Scott had ordered the board of governors at Citizens to develop a plan no later than Dec. 6 to further shrink the state-run insurer’s size and exposure, prompting this most recent list of recommendations (Best’s News Service, Nov. 14, 2011).

The question of what changes need to be made to Citizens to ensure its financial stability in the event of a devastating catastrophe is one that has garnered a great deal of attention this year.

Earlier this month, Don Brown, an insurance agent for the past 37 years, a former state lawmaker and former chairman of the House insurance committee, told Best’s News Service there are other things Citizens could do that while controversial, would help to reduce its financial exposure.

The top five writers of homeowners multiperil in Florida in 2010 were Citizens Property Insurance Corp., with 15.3% market share; State Farm Group, with 12.97%; Universal Insurance Holdings Group, with 7.98%; Tower Hill Group, 4.74%; and USAA Group, with 4.64%, according to BestLink.

Condo Owners Rights Can Be Stripped in Bulk Sale!

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September 27  |  Florida, News  |   agetz
Imagine owning a unit in a South Florida condo tower only to have an investment group – which holds a supermajority of the association’s voting power – decide to strip away all individual property rights by converting the entire project into a rental complex to be placed under the exclusive control of a non-owner entity.

Now consider the additional challenges created for individual unit owners – even those opposed to converting from a condo association into a rental community – who had purchased their units at the peak of the real estate boom using traditional bank financing that typically requires borrowers to repay their mortgages or face foreclosure litigation for the outstanding balances.

This scenario – dubbed a “plan of termination” – is now occurring at a steady pace at troubled condominium projects throughout the South Florida region as bulk buyers attempt to consolidate control and reduce expenses in hopes of stabilizing a project and bolstering returns.

Since 2008, at least 51 condominium associations – including seven projects in the year 2011 – have been “terminated” in the tricounty South Florida region of Miami-Dade, Broward and Palm Beach counties under such a scenario, according to government records.

No project exemplifies this “plan of termination” scenario better than the new 16-story Jenny Tower condominium just west of Greater Downtown Miami near the future home of the Florida Marlins baseball team.

In August, a bulk buyer, Miami-based Somerset Tower Apartments LLC, which controls about 90 percent of the Jenny Tower units voted to terminate the association that governs the three-year-old project on Northwest 15th Street Road just west of the University of Miami / Jackson Memorial Hospital campus.

As the owner of more than 100 units out of a total of 115 residential units in the Jenny Tower, the bulk buyer – which obtained ownership through the purchase of a distressed loan and subsequent foreclosure auction – supported a “plan of termination” that transferred all ownership rights to a trustee empowered with complete control and “sole discretion” to operate the project.

Under the plan, all Jenny Tower unit owners were immediately converted into “beneficiaries” who are entitled to a stake in the rental project.

As part of the arrangement, a designated trustee has been directed to obtain an independent appraisal of “fair market value” of all units and common areas in the Jenny Tower.

The appraisal would establish a value – based on every unit in the tower plus the common areas – for the newly converted rental complex. Under the termination plan, the original bulk buyer would have the first option to purchase the entire complex at the appraisal value regardless of whether individual owners want to sell.

Under the approved termination plan, all owners are to be paid an amount that reflects their percentage stake – a combination of their individual units and their share of the common areas – of the appraised value of the former condo project, Jenny Tower.

The total dollar amount unit owners are entitled to does not factor in the original purchase price or any outstanding loan amounts of the respective condo units.

In fact, the termination plan anticipates that lenders who provided loans to individual unit owners in the Jenny Tower “will receive less than the amounts necessary to fully satisfy their mortgage liens,” according to the plan recorded in Miami-Dade County.

Despite the potential hardship individual unit owners could face from lenders going forward, the plan authorizes the designated trustee to proceed “as it sees fit, without requiring the consent of any units owners/ beneficiaries or lienors, inasmuch as the plan confers the trustee the authority to protect, conserve, manage, sell, or dispose of the condominium property,” according to the plan.

To assess the financial impact of the adoption of the “plan of termination” of the Jenny Tower, consider that individual buyers purchased 14 units in the project at an average price of nearly $345 per square foot between April and July of 2008, according to Miami-Dade County records.

As of 2011, these same 14 units have an assessed value of $91 per square foot, according to the Miami-Dade County Property Appraiser’s Office.

This constitutes a 74 percent swing from the original average purchase price in 2008 compared to the current assessed value in 2011.

Contributing to the challenges, the Jenny Tower is in a neighborhood where developers created a dozen condominium projects with more than 1,400 units since the South Florida real estate boom began in 2003.

At the end of 2010, developers still controlled a sizable chunk of unsold inventory between the new Florida Marlins baseball stadium and the University of Miami / Jackson Memorial Hospital campus.

As with the Jenny Tower, the longer the South Florida residential real estate market takes to correct, the greater the chances are that bulk buyers will consider “plans of termination” that strip away unit owner rights as a strategy to reorganize troubled condominium projects struggling to survive amid the downturn.

Peter Zalewski is a principal with the Bal Harbour-based real estate consultancy Condo Vultures. Zalewski, who has had a Florida real estate license since 1995, works as a consultant for private equity groups and institutional investors.

Peter Zalewski

Miami Herald 
September 25, 2011

Fla. hurricane fund chief warns state in danger

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September 27  |  Florida, News  |   agetz

Florida’s hurricane fund chief is warning that the state-created fund used to help insurers pay off claims after a big storm is in danger.

The state has relied on a hurricane fund ever since Hurricane Andrew devastated South Florida nearly 20 years ago. Insurers get help to pay homeowners if a hurricane – or a series of hurricanes – results in widespread damages.

But Jack Nicholson, the chief operating officer of the fund, told state legislators on Wednesday that the fund is on “shaky ground.” He said ongoing turmoil in the world financial markets is raising questions about whether the fund could borrow enough money to help insurers after a hurricane.

This year the fund is providing $18.5 billion worth of coverage, and while it has more than $7 billion worth of cash on hand, it would still need to borrow another $11 billion.

“I think we are dangerously overexposed considering the current reality of the marketplace,” Nicholson said. “… It scares me to death where we are.”

Nicholson used the warnings as part of a pitch to state lawmakers to scale back the size of the Florida Hurricane Catastrophe Fund. That would likely cause insurance premiums to rise but it has the backing of many key Republicans, including Gov. Rick Scott.

Every insurer currently in Florida is required to purchase coverage from the “Cat Fund” as it also called. The fund provides a backstop to insurers at a rate that is generally cheaper than reinsurance sold by private companies. Nicholson estimated that this low-cost option probably results in insurance premiums being about 25 percent cheaper.

If a storm causes enough damages the insurer can ask for reimbursements from the fund. But if the hurricane fund runs out of cash due to a large storm, it borrows money to pay insurers.

The state pays off its debts with an assessment, or what some call a “hurricane tax,” that is placed on nearly every insurance policy in the state, including auto insurance policies. Right now, homeowners and drivers in Floria are paying off charges due primarily to Hurricane Wilma.

Nicholson, however, said he’s less worried about future hikes in the “hurricane tax” because right now he’s not sure he can even borrow enough money. He said the turbulence in the financial markets this summer has created “tremendous uncertainty.”

The Republican-led Legislature – including then House Speaker Marco Rubio – agreed with Gov. Charlie Crist to greatly expand the size of the fund back in 2007 as part of an effort to lower insurance rates. Two years later legislators started whittling the fund back down but Nicholson says more needs to be done.

“The Cat Fund needs to be right-sized,” Nicholson said. “It’s too much when you are expecting to depend on 10 billion or greater of debt.”

State Sen. Alan Hays, R-Umatilla, said he considered it “fraud” to force insurers to buy coverage from the fund if there is no guarantee the fund can pay for storm damages.

“We’re taking a tremendous gamble which I find unacceptable,” Hays said.

But any move by state lawmakers to change the hurricane fund could run into opposition from coastal lawmakers concerned about raising insurance rates during bad economic times.

“We need to go very slowly,” said State Sen. Mike Fasano, R-New Port Richey. “I have great concerns of the ramifications of what this will do to every property insurance policy holder in the state. We’re not just talking about homeowners. We’re talking about mobile home owners, condo owners and small business owners.”

The governor, however, agrees with Nicholson. He said he would prefer insurers to rely on other sources of help instead of utilizing the state-created hurricane fund.

“I like free markets, I believe free markets work,” Scott said. “I believe free markets are efficient so I would like to downsize the Cat Fund responsibly.”

Posted on Wed, Sep. 21, 2011

By GARY FINEOUT

Associated Press

Citizens Property Insurance rates are headed up, regulators decide

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September 27  |  Citizens, Florida, News  |   agetz

Homeowners insurance rates for Citizens Property Insurance policyholders will rise by a 6 percent statewide average next year, regulators said Monday night.

The average increase approved for many parts of South Florida next year is nearly 10 percent, on top of average increases of about 10 percent for most parts of South Florida this year. An individual policyholder’s premium can vary from statewide and regional averages.

Regulators approved average decreases for some parts of South Florida.

State-backed Citizens, Florida’s largest property insurer, had asked for a statewide increase of 21 percent for homeowners policies, driven largely by triple-digit rate hikes for sinkhole coverage, which is in demand mainly in the western part of Florida.

The 6 percent increase for homeowners policies approved by the Office of Insurance Regulation includes a 39 percent average rate hike for sinkhole coverage and an increase of nearly 9 percent for rental and vacation home policies, including a 97 percent rate hike for sinkhole coverage.

Regulators said sinkhole claims have increased dramatically but Citizens officials didn’t justify the need for their proposed increases of 447 percent and 632 percent for sinkhole coverage for homeowners and dwelling-fire policies, respectively, and they should have done a better job of taking into account the impact of a sweeping law passed this year to lower sinkhole claims.

“The Office’s decision is intended to reflect the Legislature’s intention to give Citizens [financially] supportable rates for the sinkhole portion of the premium,” Insurance Commissioner Kevin McCarty said in a statement. “Although more credible data and study is required, these established rates will start Citizens on the path of having a sound rate for their sinkhole risk.”

Citizens collected $32 million in sinkhole premiums in 2010 and projected paying out $245 million in claims expenses.

Sinkhole coverage does not affect renters, condo unit owners, and homeowners with multi-peril policies who choose not to purchase it.

There are 84,908 policies in South Florida with sinkhole coverage, largely because it costs very little, about $3 to $20 on average. Citizens automatically adds sinkhole coverage to policies except in Pasco and Hernando counties.

State law caps the annual premium increase for Citizens policyholders at 10 percent, but that excludes coverage changes, surcharges and sinkhole coverage.

That’s why policyholders may see much higher increases if Citizens does a new estimate of their homes’ rebuilding cost.

Sen. Mike Fasano, R -New Port Richey, wrote Citizens President Scott Wallace last week asking why it increased the rebuilding cost for George Pearson, a policyholder in Holiday, Fla., to about $224,000 even after Pearson hired an appraiser that concluded his home would cost about $128,000 to replace.

At a hearing on Citizens’ rates last week, regulators asked Citizens to provide a report of how many policyholders were required in recent years to have more coverage because of new rebuilding cost estimates.

Fasano and another legislator praised McCarty and policyholders who opposed the increase. Policyholders of Florida, a group formed by a Tampa attorney, brought busloads of people donning blue t-shirts to the hearing last week.

By Julie Patel

South Florida Sun-Sentinel

11:25 PM EDT, September 19, 2011

Florida Commissioner McCarty Rejects Much of Citizens’ Rate Increase

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September 27  |  A.M. Best, Citizens, Florida, News  |   agetz

Florida Insurance Commissioner Kevin M. McCarty granted Citizens Property Insurance Corp. a fraction of a rate increase that the state-run insurer sought, a request that would have raised premiums for sinkhole coverage by thousands of dollars for some residents.

McCarty granted a statewide average increase of 6.2% for homeowners policies, and an 8.6% average increase for dwelling fire policies. For just the sinkhole portion of the filing, McCarty approved an average 32.8% statewide increase for homeowners.

“Citizens’ requested sinkhole rate change, which would result in average increases of as much as $5,521, is not supported by credible evidence,” McCarty’s order stated.

The decision “is intended to reflect the legislature’s intention to give Citizens actuarially supportable rates for the sinkhole portion of the premium,” McCarty said in a written statement. “Although more credible data and study is required, these established rates will start Citizens on the path of having a sound rate for their sinkhole risk.”

In his order, McCarty said he wants data on the cost savings from a new law designed to address noncatastrophe cost drivers for property insurers, including sinkhole losses. His order instructs Citizens to contract with an independent firm to write a report on the impact of the new law.

During a Citizens board of governors meeting Sept. 12, Citizens representatives said they did consider the effects of the new law, known as Senate Bill 408 when it made its way through the legislature. Indeed, Citizens representatives said if it weren’t for the sinkhole changes in S.B. 408, its rate filing would have been higher.

Under the new law, rates for sinkhole coverage are not subjected to the state-mandated 10% rate cap imposed on Citizens.

An effort to reach Citizens for comment on McCarty’s decision wasn’t immediately successful.

The new rates are effective Jan. 1 for new and renewal multiperil homeowners’ and dwelling fire policies, andFeb. 1 for new and renewal wind-only policies.

Citizens, the largest homeowners’ writer in the state, has paid out $1 billion in sinkhole claims over the past nine years, and originally filed for a premium increase for sinkhole coverage that would have resulted in some policyholders, specifically in the sinkhole-prone counties of Hillsborough, Pasco and Hernando, paying thousands of dollars a year more for sinkhole coverage (Best’s News Service, July 27, 2011). Amid public dismay, and in some cases, furor over the proposed increases, the Citizens’ board of governors voted to phase in the rate increases – but agreed that if the rates approved by the Office of Insurance Regulation differ from those that were filed, it would reconsider the rate-increase implementation schedule (Best’s News Service,Sept. 13, 2011).

A study last year by the OIR found sinkhole claims more than tripled in Florida between 2006 and 2009, while costs surged to $406 million in 2009, up from $209 million in 2006. The same report found that of the total claims reported, only in about 20% of cases were insurance companies aware of repairs being initiated (Best’s News Service, Nov. 11, 2010).

Most recently, HomeWise Preferred Insurance Co., a Tampa-based property/casualty insurer, has been placed into receivership, insolvent because of sinkhole-related claims (Best’s News Service, Sept. 6, 2011).

The top five writers in the Florida homeowners’ multiperil market in 2010 were Citizens Property Insurance Corp., with a 16.06% market share; State Farm Group, with 13.61%; Universal Insurance Holdings Group, with 8.38%; USAA Group, with 4.87%; and St. Johns Insurance Co. Inc., with 3.44%, according to BestLink, which provides online access to A.M. Best’s database of insurance information.

Copyright: (c) 2011 A.M. Best Company, Inc.

Source: A.M. Best Company, Inc. Wordcount: 594

Luck be a lady tonight 8-31-2011

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September 7  |  Florida, News  |   agetz

“Luck be a lady tonight” is a line from a great Frank Sinatra song about a gambler calling for luck as he throws the dice in a craps game. Luck is a lady when the gambler wins.

Florida’s former governor, Charlie Crist, didn’t sing the song, but his policies on hurricane insurance were tantamount to rolling the dice on the weather while humming the tune in his head. For five years luck has been a lady for Floridians. This continued last week when Hurricane Irene made a right turn, headed up the U.S. coast avoiding Florida while wreaking havoc on eight other states. Damage is estimated at $7 billion but will undoubtedly grow with more detailed assessment. With two months remaining in the hurricane season what happens if Florida’s luck runs out?

Crist’s insurance reform bill forced companies to lower rates and simultaneously expanded Florida’s role through Citizens Property Insurance Corp. (CPI) as “the insurer of last resort.” As private insurers dropped clients because capped premiums didn’t cover the risk, CPI morphed into the largest insurer of Florida homes, covering some 1.3 million residences and businesses, about 26 percent of the total. CPI has a total exposure of more than $400 billion making it one of the top 10 home insurers in the U.S.

The amount CPI has accumulated for hurricane damage claims is about $16 billion including the recent $900 million proceeds of a municipal bond offering. There’s additional money in the Florida Hurricane Catastrophe Fund, a state reinsurance entity. But its liabilities are more than double its liquid assets. According to insurance experts, a category 5 hurricane directly hitting Miami would cause damages of some $25 billion, roughly the same (adjusted for inflation) as that caused by Hurricane Andrew in 1992. In 2004 four hurricanes hit the state.

In short, a $16 billion cushion may not be nearly enough to cover liabilities. If the $16 billion runs out, CPI could impose additional assessments on its policy holders to make up the difference. Moreover, other insurance companies may also have to foot the bill because CPI has the right to hit them up simply because the companies do business in the state. Potentially every Florida resident could also have to chip in (higher taxes) to cover the losses.

This is what happens when governments get involved in the insurance business. The basic concept of insurance, premiums need to cover risk, is negated; the focus becomes cost. Insurance premiums get capped by vote seeking politicians. Insurance companies ultimately stop writing new policies and some cease to do business altogether. The risk gets aggregated into one public entity thereby increasing the risk for everyone.

Additionally, if the damage is large enough and the state exhausts all financial resources, it could call on the federal government for help. This is not conjecture. With Irene hitting multiple states, there is probably some politician in Washington thinking about a national hurricane/flood insurance option for all homeowners.

Property insurance in Florida is a ticking financial time bomb. Luck be a lady every night till hurricane season ends.

Naplesnews

Relieve financial pressures on policyholders

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August 30  |  Florida, News  |   agetz

By Don Brown

August 29, 2011

While we’ve dodged a bullet with Hurricane Irene, today Florida is in a precarious position. Despite the fact the state’s largest insurer is financially unsound, most believe we will be able to repair the damage from the next storm and rebuild our communities as we’ve done before. Unfortunately, that is not the case, and instead what Floridians will be forced to deal with is a financial burden beyond imagination.

Estimates suggest Citizens Property Insurance Corp. will have a $5.7 billion surplus by the end of 2011, with the potential to recover $6.591 billion in Florida Hurricane Catastrophe Fund reimbursements and $0.575 billion in private reinsurance to pay storm claims. However, with a total exposure of about $465 billion and the 100-year probable maximum loss estimated at $22 billion, all Floridians will be required to repay the loans for the amounts needed in excess of what Citizens has available. This debt will be paid for through hurricane taxes tacked on to the insurance policies of working families, business owners, charities and renters.

For those fortunate enough to own multimillion-dollar beachfront property as a first home or vacation home, it’s unreasonable they receive subsidized insurance via Citizens at the expense of hardworking Floridians.

As lawmakers work to put our state on a path to financial stability, we need those individuals who choose to live on Florida’s coast to take responsibility for their actions. Reforming the state-run entities and encouraging the return of the private market will help alleviate the financial pressures Citizens policyholders are being faced with today and the potential financial calamity the entire state will face in the wake of the next major storm.

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