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The large motive Florida insurance coverage corporations are failing is not simply hurricane danger – it’s fraud and lawsuits

by R3@cT
October 5, 2022
in Business
The large motive Florida insurance coverage corporations are failing is not simply hurricane danger – it’s fraud and lawsuits

Roofs are an entry level for fraud after storms. Win McNamee/Getty Pictures

Hurricane Ian’s widespread harm is one other catastrophe for Florida’s already shaky insurance coverage business. Though residence insurance coverage charges in Florida are almost triple the nationwide common, insurers have been shedding cash. Six have failed since January 2022. Now, insured losses from Ian are estimated to exceed US$40 billion

Hurricane danger would possibly appear to be the plain downside, however there’s a extra insidious driver on this monetary prepare wreck.

Finance professor Shahid Hamid, who directs the Laboratory for Insurance coverage at Florida Worldwide College, defined how Florida’s insurance coverage market acquired this dangerous – and the way the state’s insurer of final resort, Residents Property Insurance coverage, now carrying greater than 1 million insurance policies, can climate the storm.

What’s making it so exhausting for Florida insurers to outlive?

Florida’s insurance coverage charges have nearly doubled up to now 5 years, but insurance coverage corporations are nonetheless shedding cash for 3 primary causes.

One is the rising hurricane danger. Hurricanes Matthew (2016), Irma (2017) and Michael (2018) had been all damaging. However numerous Florida’s hurricane harm is from water, which is roofed by the Nationwide Flood Insurance coverage Program, somewhat than by non-public property insurance coverage.

One more reason is that reinsurance pricing goes up – that’s insurance coverage for insurance coverage corporations to assist when claims spike.

However the largest single motive is the “project of advantages” downside, involving contractors after a storm. It’s partly fraud and partly profiting from unfastened regulation and courtroom selections which have affected insurance coverage corporations.

It usually seems like this: Contractors will knock on doorways and say they will get the house owner a brand new roof. The price of a brand new roof is possibly $20,000-$30,000. So, the contractor inspects the roof. Typically, there isn’t actually that a lot harm. The contractor guarantees to maintain every thing if the house owner assigns over their insurance coverage profit. The contractors can then declare no matter they need from the insurance coverage firm while not having the house owner’s consent.

If the insurance coverage firm determines the harm wasn’t truly lined, the contractor sues.

So insurance coverage corporations are caught both preventing the lawsuit or settling. Both approach, it’s expensive.

Different lawsuits might contain owners who don’t have flood insurance coverage. Solely about 14% of Florida owners pay for flood insurance coverage, which is generally accessible via the federal Nationwide Flood Insurance coverage Program. Some with out flood insurance coverage will file harm claims with their property insurance coverage firm, arguing that wind brought on the issue.

How widespread of an issue are these lawsuits?

Total, the numbers are fairly putting.

About 9% of house owner property claims nationwide are filed in Florida, but 79% of lawsuits associated to property claims are filed there.

The authorized price in 2019 was over $3 billion for insurance coverage corporations simply preventing these lawsuits, and that’s all going to be handed on to owners in larger prices.

Insurance coverage corporations had a greater than $1 billion underwriting loss in 2020 and once more in 2021. Even with premiums going up a lot, they’re nonetheless shedding cash in Florida due to this. And that’s a part of the rationale so many corporations are deciding to go away.

Project of advantages is probably going extra prevalent in Florida than most different states as a result of there’s extra alternative from all of the roof harm from hurricanes. The state’s regulation can be comparatively weak. This will finally be mounted by the legislature, however that takes time and teams are lobbying towards change. It took a very long time to move a legislation saying the lawyer charge must be capped.

How dangerous is the scenario for insurers?

We’ve seen a few dozen corporations be declared bancrupt or depart since early 2020. Not less than six dropped out this yr alone.

Thirty extra are on the Florida Workplace of Insurance coverage Regulation’s watch checklist. About 17 of these are prone to be or have been downgraded from A ranking, which means they’re not thought of to be in good monetary well being.

Chart show increasing losses for Florida's domestic property insurers in the past five years


Primarily based on a Florida Workplace of Insurance coverage Regulation chart

The scores downgrades have penalties for the actual property market. To get a mortgage from the federal mortgage lenders Freddie Mac and Fannie Mae, it’s important to have insurance coverage. But when an insurance coverage firm is downgraded to beneath A, Freddie Mac and Fannie Mae received’t settle for it. Florida established a $2 billion reinsurance fund in Might 2022 that may assist smaller insurance coverage corporations in conditions like this. In the event that they get downgraded, the reinsurance can act like co-signing the mortgage so the mortgage lenders will settle for it.

But it surely’s a really fragile market.

Ian could possibly be one of many costliest hurricanes in Florida historical past. I’ve seen estimates of $40 billion to $60 billion in losses. I wouldn’t be stunned if a few of these corporations on the watch checklist depart after this storm. That may put extra stress on Residents Property Insurance coverage, the state’s insurer of final resort.

Some headlines counsel that Florida’s insurer of final resort can be in bother. Is it actually in danger, and what would that imply for residents?

Residents just isn’t dealing with collapse, per se. The issue with Residents is that its coverage numbers usually swell after a disaster as a result of as different insurers exit of enterprise, their insurance policies shift to Residents. It sells off these insurance policies to smaller corporations, then one other disaster comes alongside and its coverage numbers rise once more.

Three years in the past, Residents had half 1,000,000 insurance policies. Now, it has twice that. All these insurance coverage corporations that left within the final two years, their insurance policies have been migrated to Residents.

Ian might be expensive, however Residents is flush with money proper now as a result of it had numerous premium will increase and constructed up its reserves.

A man stands besides a leaning house with debris from Hurricane Ian.

Hurricane harm is extra apparent in some properties than others.
Ricardo Arduengo / AFP by way of Getty Pictures

Residents additionally has numerous backstops.

It has the Florida Hurricane Disaster Fund, established within the Nineteen Nineties after Hurricane Andrew. It’s like reinsurance, however it’s tax-exempt so it may possibly construct reserves quicker. As soon as a set off is reached, Residents can go to the disaster fund and get reimbursed.

Extra importantly, if Residents runs out of cash, it has the authority to impose a surcharge on everybody’s insurance policies – not simply its personal insurance policies, however insurance coverage insurance policies throughout Florida. It might additionally impose surcharges on another kinds of insurance coverage, similar to life insurance coverage and auto insurance coverage. After Hurricane Wilma in 2005, Residents imposed a 1% surcharge on all house owner insurance policies.

These surcharges can bail Residents out to a point. But when payouts are within the tens of billions of {dollars} in losses, it would in all probability additionally get a bailout from the state.

So, I’m not as frightened for Residents. Owners will need assistance, although, particularly in the event that they’re uninsured. I anticipate Congress will approve some particular funding, because it did up to now for hurricanes like Katrina and Sandy, to offer monetary assist for residents and communities.

The Conversation

Shahid S. Hamid receives funding from Florida Workplace of Insurance coverage Regulation.

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