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XL Group Launches New Builders Risk Property Protection Program

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September 27  |  News  |   dbacher

XL Group has launched a new Builder’s Risk and Installation Coverage Solutions (BRICS) product, containing more than two dozen coverage enhancements. The coverage offers property insurance protection for single projects or multiple jobsites in North America.

According to Alexander McGinley, vice president of Inland Marine for XL, the BRICS coverage provides more property protection in four ways:

  • The new policy form insures more types of property – some 11 types of property, including: landscaping, signs, and temporary structures.
  • It also covers business personal property that supports the buyer’s operation, and includes labor costs, change orders, delivery charges, and reasonable profit and overhead.
  • It protects property at more locations, from more loss situations and with additional protection.
  • Projects insured by XL can range from new construction, renovation, rehabilitation, alteration, or additions to installation, repairs, improvements, erection, rigging, or millright.

XL Group’s BRICS coverage is available for a range of buyers including general contractors, owners, developers, and specialty trade contractors.  Through endorsements, BRICS can be tailored to meet an individual’s needs and may include:

  • Green coverage
  • Contingent and difference in conditions
  • Rigger’s liability
  • Existing buildings or structures
  • Soft costs, business income and extra expense
  • Permission to occupy
  • Equipment breakdown
  • Flood, earthquake and volcanic eruption

BRICS protection also takes into account additional potential sources of loss such as sewer and drain back up, sinkhole collapse, testing, voluntary parting and virus and harmful code, which are excluded in many builder’s risk policies.  The coverage also includes protection from variable costs such as increase in construction costs, site preparation, extra and expediting expense, contract penalty, rewards, reimbursement for returning stolen property, loss adjustment expense, ordinance or law, fire department service charges or expenses related to debris removal, and pollution cleanup, among others.

BRICS coverage is provided by XL Group’s insurance companies, XL Specialty Insurance Co. and Indian Harbor Insurance Co.

Citizens customers need more facts about private insurers, advocates say

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September 27  |  Citizens, News  |   dbacher

The push by Florida’s largest property insurer to transfer a record number of policies to private firms is sparking calls to offer homeowners more details that will help them make the critical decision about whether to switch.

Customers of Citizens Property Insurance Corp. have to discover for themselves facts such as whether their premiums would increase under a private insurer, a company’s responsiveness to policyholders and its track record on corrective actions from regulators.

“For the consumer, there really isn’t enough information,” said Robin Smith Westcott, the state’s consumer insurance advocate.

Her office is working to collect more comprehensive information on the five companies currently hoping to take over Citizens policies. Westcott hopes to create a website within in the next couple of weeks — before the Nov. 6 deadline for policyholders to move to a private insurer.

In the meantime, she recommended that at the very least consumers Google the companies’ name to see what existing customers have to say about the insurers.

Citizens could lose some 300,000 policies this year — or a fifth of its portfolio — after Gov. Rick Scott ordered the state-backed insurer of last resort to cut its risk. That figure would exceed the total number of policies removed in the past three years combined.

By state law, affected Citizens customers will be notified whether their policies have been selected for removal. Policyholders have 30 days to decline and stay with Citizens. If customers don’t respond, their policies will be assumed by the private companies.

State Sen. Mike Fasano, R-New Port Richey, said the letters that Citizens policyholders receive from private insurers don’t give enough meaningful information. He agrees with Westcott, saying there needs to be more transparency for consumers to make better decisions.

“She’s right on target making sure that happens,” Fasano said.

Already this year, 84,339 policyholders statewide have switched from Citizens to private firms.

The companies scheduled to take over thousands of policies this fall include Boca Raton-based Florida Peninsula Co., one of the state’s 10 largest home insurers. This month, Citizens approved a $350 million plan that would give low-interest loans to encourage private insurers to take even more policies out of Citizens.

The state’s Office of Insurance Regulation has vetted the five companies but only to ensure they are financially solvent and can handle the extra customers, spokeswoman Amy Bogner said in an e-mail. Homeowners can find that information online.

But in past years some insurers declared financially sound still went out of business, said Jay Neal, executive director of the nonprofit Florida Association for Insurance Reform,.

He urged consumers to take those extra steps and do other research, such as checking with the Better Business Bureau on any complaints consumers may have filed against the insurers.

Consumers should look to see how long the company has been in business and check on its financial history, Neal said. They should also press their insurance agents to research the companies proposing to take over the policies.

Some companies taking over Citizens policies have actually lowered premiums, Neal said. But Sean Shaw, president of Policyholders of Florida, an advocacy group, has said that policyholders complained of rate increases after the first year.

“Most people are only interested in whether their premiums are going up,” Shaw said Tuesday. “But there are other things that are just as important, like the ability of a company to pay a claim and how long it takes.”

Citizens customers face steep assessments if the state-backed insurer does not have enough money to pay claims after a major storm. So policyholders who have the chance to switch may be better off in the private market, Neal and others say.

Florida Peninsula started in April 2005 to take over Citizens policies following the busy hurricane season of 2004. It now has 120,000 policies.

The four other insurers — Homeowners Choice P&C Insurance Co., Southern Fidelity P&C, Southern Oak Insurance Co. and American Integrity Insurance Co. of Florida — all are based in Florida and have been licensed in the state since at least 2004.

Office Approves 60,000 Additional Policies for Citizens November Take-Out

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September 26  |  Citizens, News  |   dbacher

TALLAHASSEE, Fla. – The Florida Office of Insurance Regulation (Office) today announced the approval of an additional 60,000 policies to be removed from Citizens Property Insurance Corporation (Citizens). This will add to the 84,339 already taken out during this calendar year, as well as the 150,000 policies recently approved to be acquired by four Florida domestic insurance companies beginning November 6, 2012.

“One of the Office’s goals continues to be to support a competitive property insurance market. It is encouraging to see the commitment of these domestic companies to bring more jobs as well as additional insurance capacity to Florida,” stated Florida Insurance Commissioner Kevin McCarty. 
 
The Office approved four companies to remove a total of 150,000 policies earlier this month.  Florida Peninsula Insurance Company of Boca Raton requested to acquire an additional 10,000 policies for a total of 45,000 possible take-outs.  American Integrity Insurance Company of Tampa will be the fifth company to participate in the November take-outs and will acquire 50,000 policies.
 
The following companies will participate in the November 6 take-out:
 
Florida Peninsula Insurance Company – 45,000 policies
Homeowners Choice P&C Insurance Company – 75,000 policies
Southern Fidelity P&C, Inc. – 30,000 policies
Southern Oak Insurance Company – 10,000 policies
American Integrity Insurance Company of Florida – 50,000 policies
 
Although the Office has approved the removal of 210,000 policies from Citizens beginning November 6, and 84,339 policies have already been removed this year with another 6,643 policies pending to be removed October 9 by First Community Insurance Company, it will be some time before the numbers can be finalized. By Florida law, the Citizens’ policyholders will be notified of the take-out request (assumption) on October 1, and will have 30 days to accept or decline the offer. If policyholders do not respond, they will be “assumed” by the private sector company on November 6.  Regardless of the “uptake” percentage, it is expected that the total number of takeouts in 2012 will exceed those in 2009 (149,645 take-outs), 2010 (59,792 take-outs), and 2011 (53,577 take-outs).

High-End High Times

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September 25  |  News  |   dbacher

Is Miami-Dade County already experiencing another condo boom — this time strictly in the luxury market?

During the first half of the year, some 400 condos worth at least $1 million each sold in just the resale market alone, according to CondoVultures.com.

That’s up 7.8% from the same time last year. Even more remarkably, the median per-square-foot price hit $699. Prices in the luxury market haven’t been near that number since 2007.

Eye-catching individual deals have accented the luxury boom, including the recent $25-million sale of a condo on South Beach and three sales of more than $10 million at the St. Regis Bal Harbour Residences.

Many buyers are foreign — from Latin America, Russia and Europe. For most, the units are investment properties or second homes.

“If I’m an investor, I can buy a new unit that was built during the boom … for a cheaper price than new construction,” says Peter Zalewski, principal of CondoVultures.com. He notes that there are 10 condo towers already under construction east of I-95 from Miami to northern Palm Beach County. Developers have proposed another 35, including one in South Beach with prices at about $1,500 per square foot.

Cash is king, too. Although Zalewski doesn’t have updated statistics, he says that a year ago, a CondoVultures study found some 80% of the condo transactions in the county were all cash. Plus, he notes, “there’s typically about a 15% to 20% premium that someone is likely to pay if their offer is based on financing.”

January-June Luxury Condo Resales (Miami-Dade)

Year Units Sold % Change Median Price Per Sq. Ft. % Change
2007 343 19.9% $668 7.2%
2008 300 -12.5% $661 -1.0%
2009 178 -40.7% $599 -9.4%
2010 272 52.8% $593 -1.0%
2011 371 36.4% $640 7.9%
2012 400 7.8% $699 9.2%

Court orders new trial in Florida hurricane case

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September 24  |  News  |   dbacher

A federal appellate court has reversed a $7.2 million judgment and ordered a new trial in a Florida hurricane insurance case.

The 11th Circuit Court of Appeal issued the ruling Thursday in Atlanta based on a May opinion by the Florida Supreme Court.

The case stemmed from Hurricane Wilma in 2005. A federal jury ruled for Chalfonte Condominium Apartment Association of Boca Raton in a lawsuit against its insurer, Australia-based QBE Insurance Corp.

The Florida high court ruled state law does not recognize a breach of implied warranty against insurance companies based on failure to investigate a claim within a reasonable time.

The state justices also ruled customers cannot sue for violating a law that requires insurance policies to include warnings of large deductibles in oversize, boldface type.

Insurance rate hike would be disastrous, homeowners tell Citizens

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September 21  |  Citizens, News  |   dbacher

Hernan Santiesteban installed hurricane shutters on his home in Westchester, believing it would reduce the cost of his property insurance.

Instead, his rates under Citizens Property Insurance Corp. increased from about $1,500 to $3,000.

“At this moment, I have no insurance because the cost is going so high,” said Santiesteban, 83. “I know there are many, many old people that cannot afford to have insurance for their home because right now it’s so high.”

Homeowners and politicians — and at least one elected official who is insured by Citizens — spoke Thursday night at a public hearing in Miami, held by the Florida Office of Insurance Regulation, about proposed Citizens insurance rate increases.

Citizens is proposing increases of up to 12 percent statewide, though the figure more common in South Florida is closer to 11 percent. The increase still must be approved by the state’s insurance office, a decision due on Oct. 1.

The state-run insurer has been pushing for higher rates in an effort to get more customers to seek coverage from private insurers — no easy task. Created to be a last resort for homeowners who could find no other insurer, Citizens has more than 1.4 million policyholders and, it says, insufficient money to cover a major disaster.

“We’ve got to have money to pay claims when the hurricane comes or series of hurricanes come,” said Citizens’ chief financial officer, Sharon Binnun. “The premium that we are collecting is not enough to pay claims.”

But more than a dozen people who spoke blasted the company for its reinspection program, which often leads to higher costs; for its own legal costs; and for a controversy over travel spending by its executives.

“This is a company that has strayed from its mission of serving policyholders to one of indulgence and putting its own needs first,” said state Sen. Mike Fasano, R-New Port Richey, who called the proposed rate hike “the epitome of arrogance.”

State Rep. Frank Artiles, R-Miami, a critic of Citizens whose own home is covered by the insurer, said Floridians are already paying too much. He urged the insurance office not to approve any increase until the company’s costs are managed better.

“Their costs are out of control,” he said. “I, as a legislator, cannot get the information as to how much money Citizens is spending on attorneys’ fees.”

Eduardo Gomez, a Coral Gables attorney who represents homeowners in lawsuits against Citizens, said the company’s policies result in a long and difficult process to get money for his clients, even after the cases are settled.

“You cannot continue to say that litigation costs are driving the premiums up because it is the company’s policies that are driving the premiums up,” said Gomez, who is himself facing a rate increase from Citizens.

He told the story of a client who is facing a rate hike that could cost him his home.

“To have a rate increase now with the insurer of last resort would be disastrous for thousands of Floridians and the national economy,” Gomez said.

Florida Insurance Consumer Advocate Robin Smith Westcott, who spoke against the rate increase, said homeowners should try to find other coverage, even if it means paying higher rates.

“Consumers should take away from this: When it’s time for my policy to renew with Citizens, shop,” she said. “Make sure you understand and see the benefit that might be in the private marketplace.”

Miami Herald Staff Writer Toluse Olorunnipa contributed to this report.

Focus on Citizens’ insurance ‘time bomb’

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September 20  |  Citizens, News  |   dbacher

Florida’s recent luck with Mother Nature has distracted the state’s media, which is investigating relatively small issues at Citizens Property Insurance Corporation while ignoring the fiscal time bomb that is our property insurance market.

Some editorialists say the Board of Governors of Citizens are either “skirting the law” for considering responsible premiums for new customers, or “offering bribes” for encouraging private insurers to return to hard-hit areas. The senior staff of Citizens is portrayed as “spending lavishly” for not eating fast food while urgently scouring the globe to secure billions to pay claims and avoid “blue tarp Florida” after the next storm. It’s time to refocus on the facts.

Lest we forget, today’s premiums are suppressed by relying on taxes to retire the inevitable future debt. Some claim Citizens can “handle another Andrew without assessments”, due to reinsurance and “surplus” built during the lucky run since 2005. The truth is more complex.

• First, Citizens’ “probable maximum loss,” which means the likely cost of a storm with a 1 percent annual chance of striking, is four times its surplus, around $24 billion. That’s according to scientists, who — with all due respect — have never met an aggressive Florida public adjuster or attorney. Financial projections of recent storms have been underestimated; Wilma’s cost overruns amount to billions in just the past few years.

• Second, $7 billion of Citizens’ reinsurance is provided by the Florida Hurricane Catastrophe Fund. But the Fund finances its promises with assessments on the same Floridians. You’ll pay the same hurricane taxes whether the money is borrowed by the Cat Fund or Citizens; only the name on the bill will be different.

All this means the odds of future assessments are greater than you might think — better than 50/50 over the typical mortgage term.

• Third, Murphy’s Law could apply. The current arithmetic depends on the bond markets’ willingness to lend billions quickly after a big storm to a state whose economy will soon be burdened by billions in new taxes. It further presumes every homeowner, driver, and business owner will pay those assessments without delay, objection, or avoidance. Is anyone sure everything will go just as planned?

• Finally, the big question the critics avoid. Even if we defer funding the risk, and assume everything goes well after the storm, what do we do then? Citizens and the Cat Fund will start over broke, Florida will be further in debt, future generations can anticipate decades of assessments, and all those property insurance policies must still be renewed using someone’s money to back the promises. Sounds like the “plan” right now in Washington, doesn’t it?

Political and media leaders should respect Floridians and tell them the truth. Property insurance is expensive for two reasons.

First, Florida holds 60 percent of the hurricane risk in America. Billions must be ready on demand to pay claims when the wind blows. Nobody risks that kind of money without charging up front. If you disagree, you should guarantee your neighbor’s mortgage for free, since it “costs” you nothing now. That cost of capital, around one-third of your premium, can only be lowered by loss mitigation – not encouraging coastal overdevelopment with low Citizens premiums.

The second reason is that premiums must also fund routine claims, which have skyrocketed. Except for its coastal pool, Citizens actually lost money last year despite no hurricane strikes. It was inundated with claims for sinkholes and water damage, often pursued with help of third parties gaming the system. It takes many premium checks to pay for one big claim, and regulated rates follow costs — it’s that simple. The solution is fewer middlemen and law changes to stop the claims “lottery”.

Those truly unable to afford property insurance should be compassionately assisted by means-tested programs, not fantasy rates. It is unfair to subsidize waterfront residences by millions each year and penalize most Floridians, who cannot afford to pay their own property insurance bill and part of another’s.

Citizens volunteer Board and staff are diligently vetting many ideas to attract private sector capital and heal our property insurance market. It may be cathartic to criticize oversight and question expense reports, but responsible leaders should know it’s more productive to educate Floridians on the risk and options for handling it.

Atwater urges Citizens to take it slow on loan program

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September 20  |  Citizens, News  |   dbacher

Chief Financial Officer Jeff Atwater wants Citizens Property Insurance Corp. board members to take a slower approach to moving forward with a program that would use surplus funds to give low-interest loans to private companies that will take over large numbers of the state-run insurer’s policies for at least 10 years.

“I’m glad they’re pausing and they’re going to come back and show this is mathematically the right thing to do and there is marketplace interest in taking these accounts and it makes sense for us to go that route – or, keep going the route we’re going. Maybe more players will step up with a desire to work with the present program,” Atwater told reporters after a Cabinet meeting Tuesday.

Under the surplus notes program discussed by Citizens board members this month, private companies would be given up to $350 million in 20-year loans with the interest rate tied to the 10-year U.S. Treasury note. Companies would be required to be meet minimum financial requirements and be established in Florida for at least two years, but would be able to have up to 20 percent of their principle forgiven in each of the first five years of the loan if a hurricane were to hit.

Republican lawmakers Rep. Frank Artiles of Miami and Sen. Mike Fasano of New Port Richey have spoken out vociferously against the plan, saying surplus from Citizens customers shouldn’t go to private companies.

Citizens CEO Barry Gilway, however, contends that using a maximum $350 million in surplus to reduce the amount of possible assessments on policyholders by as much as $1.17 billion would save the company money, considering that much of that surplus would be used to buy reinsurance or pre-event bonds to cover the extra exposure. He is drafting a letter to Artiles and Fasano to be sent this week that outlines the rationale behind the program.

Other board members want to implement the loan program before their next scheduled board meeting in December. They’ve scheduled meetings for the Depopulation Committee in October to develop more details of the loan contracts. Atwater, however, doesn’t think they’ll be able to address the concerns of skeptical lawmakers, policyholders and newer companies that want to be included in the program before December.

“I haven’t had discussions on what their target date is, but my guess is it’s going to be probably a December timeline,” Atwater said.

Dog Bite Claims Now Take A Bigger Bite Out Of Homeowners’ Wallets

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September 19  |  News  |   dbacher
WORCESTER, Mass., Sept. 17, 2012 /PRNewswire/ – Owning a dog can bring a great deal of warmth and joy to its owners. However, with dog bite claims on the rise and accounting for more than one-third of all homeowners insurance liability claim dollars in 2011, The Hanover Insurance Group reminds dog owners to take preventative measures to protect themselves from the potentially serious financial consequences of aggressive canine behavior.

The cost of dog bite claims rose a whopping 53.4 percent from 2003 to 2011 according to the Insurance Information Institute. Rising medical expenses as well as the growing size of legal settlements are among the factors driving the significant increase in the cost of claims. With this costly increase, it’s more important than ever for homeowners to take the necessary steps to limit their financial exposure.

In many cases, dog owners are covered to an extent from canine-inflicted injuries with a homeowner’s insurance policy. However, before adopting, rescuing or buying a dog, The Hanover recommends checking with your insurance agent to see if the breed you are planning to add to your household can be covered. Some breeds pose a higher risk of injuring someone and insurers may exclude them from coverage. The company also recommends dog owners talk with their independent insurance agents to ensure they have adequate coverage.

“We believe that policyholders will benefit from having an independent agent review their insurance coverages to ensure they have adequate protection against the alarming increase in lawsuits over bites by family dogs,” said Mark Desrochers, president of The Hanover’s personal lines business.

Desrochers recommended dog owners should consider obtaining an umbrella policy to add additional liability coverage. Dog bites and attacks can cause serious damage and can result in very expensive jury awards and court settlements. Umbrella policies not only provide an extra level of protection, but they are also relatively affordable. For example, increasing coverage with a $1 million-dollar personal umbrella policy can cost between $100 and $300 per year.

There are other steps a dog owner or prospective dog owner can take to prevent problems as well. To reduce the chances of a dog biting someone, the Insurance Information Institute recommends considering the following steps:

  • Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn about suitable breeds of dogs for your household and neighborhood
  • Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a home with an infant or toddler. A dog with a history of aggression is inappropriate in a household with children
  • Be sensitive to cues that a child is fearful of or apprehensive about a dog. If a child is or seems fearful or apprehensive, delay acquiring a dog. Never leave infants or young children alone with any dog
  • Have your dog spayed or neutered. Studies show that dogs are three times more likely to bite if they are NOT neutered
  • Socialize your dog so it knows how to act with other people and animals
  • Teach children to refrain from disturbing a dog that is eating or sleeping
  • Play non-aggressive games with your dog, such as “go fetch.” Playing aggressive games like “tug-of-war” can encourage inappropriate behavior
  • Avoid exposing your dog to new situations in which you are unsure of its response
  • Never approach a strange dog and always avoid eye contact with a dog that appears threatening
  • Immediately seek professional advice from veterinarians, animal behaviorists, or responsible breeders if your dog develops aggressive or undesirable behaviors

Owning a dog is a very rewarding experience for millions of families. Taking some precautions to prevent aggressive actions, as well as consulting with an independent agent to ensure you have the right coverages, will help to add more peace of mind on your financial side, while you continue to enjoy your pet for years to come.

Q&A with: Citizens CEO Barry Gilway

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September 19  |  Citizens, News  |   dbacher

Maryland insurance executive Barry Gilway joined Citizens Property Insurance Corp. in June, and was immediately inundated with controversies. The Citizens’ board’s decisions to reduce coverage on secondary structures and buildings under construction, to rigorously reinspect wind mitigation measures that often result in an increase in premiums and to consider breaking a cap on rate increases for some policies have sparked outrage from policyholders and several lawmakers. He spoke to The Florida Current about coming to the U.S. from the United Kingdom as a teenager, coming to a public company from the private sector and the need to educate the public on the need for rate increases.

Tell me a bit about your background and how you got into the insurance business.

Well, I’m a Brit by birth. I came over when I was 13. I went to Akron University on a football scholarship and played for the Akron Zips from 1964 to ’68. I’m a Vietnam vet, I was drafted in ’68 and was an infantry platoon sergeant in Vietnam for a year. I got out in 1970 and joined Insurance Company of North America. That shows how old I am – it’s not around anymore.

How did you get involved in American football coming from the United Kingdom?

I got my citizenship in 1965 and was drafted three years later. I played rugby in England and when I came over I was 13 so I was about ready to go into high school. I converted from rugby – you know you don’t play with pads, football you play with pads. So I was a high school jock and did the four sports and had some real success in high school and then got a scholarship to Akron. I was a linebacker; started four years for varsity at the Zips.

What was your first take on Citizens, a public-sector company, coming from the private sector?

The first thing I would say – expecting something different – Citizens has some really, really, really exceptional talent. People like (chief financial officer) Sharon Binnun. We just put together the largest single placement pre-catastrophe event bond in history, I mean, internationally. You don’t expect that kind of innovation in a company like Citizens, you just don’t.

Obviously, there are many decision makers in this role. You’ve got the legislators that really, ultimately dictate the rate that you can charge, which has massive implications on how you run your business.

Since starting at Citizens, you’ve talked about the need for better communication. What is the number one thing Citizens customers and the public should know but don’t?

People don’t understand the issue of rates. They don’t understand reinsurance, we talk in Insurancese and they don’t understand the issue of rates. There’s a reality in Florida we’ve got to get across: There’s only two ways to reduce assessments. The first way is to raise rates. And if you raise rates significantly, then the private market will come in and they’ll start writing the business. That is not on the agenda of any legislator. The second way – and a much more economical way and acceptable way to the consumer – is the depopulation plan that we have proposed.

Do you think some of these actions – reduction in coverage, the reinspection program, raising rates – would be easier for policyholders to accept if there was some reciprocal benefit them, instead of simply less coverage for more premium?

They don’t see it, but the benefit is there. The reality is if you don’t take the coverages away, if you don’t get the right premium developed through reinspections, then what’s the result? The result is you have to increase rates more.

What do you do on your off time when you’re not working on Citizens issues?

I’m a Harley-Davidson nut. I still ride Harleys, I ride them frequently and I go on trips.

I do a big charity ride every year with one of the insurance agency groups. I’m an avid scuba diver, so I love to dive, which is another benefit of being down here close to the Keys. I’m not a golfer, I’ve never had time for golf – I sure don’t now, I’ll tell you that!

Have you ever been down to Daytona for Bike Week?

Absolutely, I’ve been out to Bike Week many times, I’ve been out to Sturgis, South Dakota, many times and up to Weers Beach up in New Hampshire. I’ve been to all the Harley get-togethers around the country at one point or another. Riding bikes and going on long trips on bikes, that’s been part of what I love for over 50 years now, and I’m going strong.

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