TAMPA — On Wednesday evening, just before Hurricane Milton made landfall on an already storm-battered region of Florida, state officials issued an emergency rule to protect homeowners against “unfair and deceptive acts” and “post-storm fraud” by insurance carriers.
Tracking Hurricane Milton
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Follow our live updates as Hurricane Milton made landfall along Florida’s west-central coast, bringing heavy rain and deadly tornadoes. See the damage from Milton as Floridians begin surveying damage to homes, landmarks like Tropicana Field and more.
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Florida insurance officials sent the decree to all licensed adjusters in the state, and a copy was obtained by The Washington Post.
In what consumer advocates consider a groundbreaking win for policyholders, the Florida Department of Financial Services is requiring that all claims adjusters provide an explanation for each change they make to a consumer’s lossestimate, document those changes and retain all versions of the estimate and identify who made those revisions.
Hurricane Milton made landfall as a Category 3 storm along the state’s west-central coast Wednesday night, bringing fierce winds and life-threatening ocean surges just two weeks after another major hurricane, Helene, walloped Florida’s Gulf Coast.
“Property damage from Hurricane Milton will be catastrophic and may result in billions of dollars in property losses,” the emergency rule states. “... Fair and transparent loss estimates and claims adjustments will be crucial to ensure Floridians are properly and fairly compensated under the terms of their property insurance contracts, while also ensuring ongoing insurer solvency after potentially momentous financial losses.”
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The directive Wednesday comes more than a year after an investigation by The Post revealed that insurance companies were drastically altering policyholders’ claims following Hurricane Ian by reducing damage estimates, some without the adjuster’s knowledge or permission.
According to the investigation, adjusters contracted by regional insurance carriers said that managers were altering their work by lowering totals, rewriting descriptions of damage and deleting accompanying photos without their approval.
In May last year, Florida also introduced a law that aimed to hold property insurance companies more accountable for claims-handling practices by requiring greater transparency.
The emergency rule drills down on aspects of that law, focusing specifically on the behind-the-scenes process of pricing the cost of damage once an estimate hits a carrier’s system.
“Greater transparency will reduce post-storm fraud,” the directive states, adding that the emergency rule was “necessary to protect Florida consumers against unfair and deceptive acts in the Florida property insurance market.”
The state’s troubled insurance market has continued to spiral after years of more frequent and intense hurricanes, and it is common in Florida for residents to battle with their insurance companies for years over claims. The issue was especially apparent after Hurricane Ian in 2022. Many families were stuck in storm-damaged homes for months, unable to get in touch with their insurance carriers, or received little to no money for their claims.
Following two major hurricanes in less than a month, Florida officials said they anticipate “significant, long lasting, and potentially devastating effects on the Florida property insurance market,” and the losses will be “largely borne by Florida homeowners and small business owners.”
Officials said the creation of the emergency rule was necessitated by the “immediate danger to the public health, safety, or welfare to the citizens of Florida caused by untold and potentially ruinous property losses.”
In their directive, officials ordered adjusters to provide a written estimate of loss to the policyholder, something many carriers have historically refused to do. The estimate must include each line item, as well as each version and variation of the report and “to what extent the program was modified by the adjuster.”
Modifying the initial loss estimate is strictly prohibited unless the adjuster “provides a detailed explanation as to why each change was made,” who made it and why it was necessary.
When processing claims, adjusters must also use an electronic estimating system that provides an itemized report of all damage, as well as labor, materials, equipment and supplies. Those costs should be consistent with what a contractor or a repair company in that particular area would charge.
This is to ensure insurance companies don’t use pricing from different states or different years to lowball policyholders, consumer advocates say.
Modifying these prices is “strictly prohibited” unless the adjuster can prove it’s fair and matches the market, officials said.
“This provides much needed relief to policyholders from unscrupulous practices of insurance carriers,” said Mathew Mulholland, an insurance claims expert and the founder of the Building Experts Institute. “For so long, carriers have been able to take legitimate estimates and manipulate them for their own gains.”
Milton, an extremely dangerous Category 3 hurricane, made landfall along Florida’s west coast Wednesday night. See its path with our storm tracker, view the widespread damages and watch live-stream feeds.
The latest: Before Milton’s landfall, destructive tornadoes touched down across Florida in what could be the most powerful hurricane to hit the Tampa Bay area in more than a century. Milton could seriously affect some parts of Florida that are still recovering from Hurricane Helene’s aftermath.
Milton’s impact: Some Florida residents pondered evacuation ahead of Milton’s landfall, but many refused to leave before Hurricane Helene. FEMA has enough relief funding for Hurricane Milton, but what’s next is less certain.
More on the hurricane season
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