UPDATE: FIRM’s attorneys present oral arguments to 1st District Court of Appeals

UPDATE: On October 10, 2017 the First District Court of Appeals heard FIRM’S arguments that the Florida Office of Insurance Regulation (OIR) acted contrary to Florida law in denying FIRM’s request for an Administrative Hearing concerning the wind insurance rate setting process for Monroe County.

FIRM has long believed that the rate setting method used by Citizens Property Insurance (CPIC) and approved by OIR is flawed in many respects and particularly as it is applied to Monroe County.

It may take several months for the court to issue an opinion. FIRM is represented by the offices of Oertel, Fernandez, Atkinson and Bryant in Tallahassee.  Click on the video below to view the proceedings.

 

Read original post below:

In an effort to avert the 8.9% increase in windstorm insurance rates schedule to take effect
across Monroe County Florida on February 1, FIRM petitioned on January 31 for the assignment of an independent Administrative Law Judge to conduct a formal administrative hearing on the issues raised by FIRM concerning the rate increase.  The petition requests a delay in implementing the increase until the petition is heard.

The petition asserts that:

  • the new rates are not affordable as required under Florida Statutes
  • in violation of Florida law, the Office of Insurance Regulation (OIR) did not even consider whether the rates would be affordable
  • OIR did not adequately review applicable hurricane loss projection models, and that these models are not tested for accuracy against actual losses
  • OIR failed to consider Monroe County’s unique geography in calculating potential losses
  • OIR did not adequately consider Monroe County’s paid premiums with its loss history–nearly $700 million dollars more in premiums over claims
  • Citizens Property Insurance Corp.’s methods and arbitrary authentication of models are unfair to Monroe County.

In accordance with the requirements of the administrative appeal process, FIRM previously sent letters of protest to Citizens and OIR requesting that those entities again review the proposed increase. Unsatisfactory responses to these early actions warranted yesterday’s petition.  Copies of the petition and earlier letters are linked below.

Citizens rate filing order – 2016

FIRM letter to CPIC 10-7-16

FIRM_response from CPIC_11.03.16

FIRM complaint to OIR 11-18-16

Altmaier letter to Florida Commission 2016

FIRM letter to Florida Commission 12-2-16

FIRM’s Complaint against Citizens response from Altmaier 1-30-17

FIRM Petition for Administrative Hearing 1-31-17

FAIR INSURANCE RATES IN MONROE INC. – FINAL ORDER 203695-17

FIRM Notice of Appeal – 3-14-17

Motion for Stay of Lower Case Pending Appellate Review  

OIR Show Cause Response

CPIC Response in Opposition to Motion for Stay of Lower Case Pending App…

Appellee’s Answer Brief 6-30-17

FIRM Reply Brief- 7-31-17

FIRM Request for Oral Argument – 7-31-17

FIRM Motion for Attorneys Fees – 7-31-17

2017 – 12-27.FIRM-Petition 2018 Rates