The Weekly: Florida's homeowners insurance crisis - YouTube

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this is the weekly on clickorlando.com
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with justin warmuth
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good morning i'm justin warmuth when
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lawmakers left tallahassee a few weeks
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ago following the state's legislative
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session they failed to address the major
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insurance crisis impacting homeowners
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across the state premiums are
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skyrocketing and policies are being
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dropped this morning tom cotton the
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owner of hugh cotton insurance in
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orlando is here to break down what got
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us in this mess and explain what you
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should do to protect your home
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what is causing
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this crisis right now
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well the crisis in the homeowners
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industry is nothing new it's it's a pot
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that's been boiling
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really for it for years
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uh and then we just keep kicking the can
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down the road but the the crisis that
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we're facing now is in the last two
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years homeowners carriers doing business
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in the state of florida have have had
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3.5 billion dollars in claims paid 3.5
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billion dollars and that is without
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there being a major storm
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uh across the coastline in the state of
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florida
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we have
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in florida in 2021 there were 117 000
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property claims
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filed for litigation
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lawsuits filed for property homeowners
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property claims 117
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000 in the state of florida in the other
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49 states there were 900.
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900 lawsuits compared to 117
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000 they're filing like 350 a day so
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litigation is what is driving this yeah
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i mean i know that this has been
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something that needs that has needed to
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be addressed for years now but why are
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folks seeing
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the
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dramatic rise in premiums is this just
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the culmination of
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nothing being addressed and then
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this is the this is the year where
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it's going up by these large numbers
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well that's a great question and again
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it's a culmination of things that have
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been brewing over a long period of time
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rates have been suppressed all right for
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a carrier to to do business in florida
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they have to file their form meaning the
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coverage contract that they wish to use
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and their rates have to be approved by
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the state of florida and the state is
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very stringent in the rates they will
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approve also florida has an excess
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profits law so you think that a carrier
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abc insurance company that does business
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in florida that writes home and auto and
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business that if they take a beating in
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auto or beating in home insurance they
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make it up on profits elsewhere that's
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not the case florida has an excess
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profits law
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by line so if a carrier has a really
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good year in automobile they have to
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give money back if uh
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and a carrier has a great year in
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homeowners
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those those premiums are restricted so
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you take a difficult
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uh uh
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administrative environment that the
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carriers have to submit themselves to
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and then you add this uh claim
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environment
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with fewer carriers riding policies
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carriers that are in financial apparel
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fair carriers that have failed
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and your supply chains a simple law of
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supply and demand you know if you've got
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150 carriers all riding home insurance
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it's going to be competitive and cheap
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when you've only got a handful it's
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going to be expensive and couple that
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with rising uh reconstruction cost of
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homes
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that's what's driving the rate increase
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got it
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does the surf side condo collapse play a
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role in this
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uh not in central florida not in this
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florida homeowners market you know the
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coastal condo market is something
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completely different coastal condo
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market is something that we have very
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limited
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exposure to myself as an agent uconn
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insurance simply because that's not
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anything we wanted to really get
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involved in that's not to say that we
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don't insure condos we certainly do
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insure condominium complexes on the
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coast condominium complexes here in
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central florida it's just we don't have
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a big book of them
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um
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but it's the again there's going to be a
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legislatively driven
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issue there as to how free well they
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already have to be inspected or have a
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valuation every two years
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um now it's going to be a matter of
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state mandating inspections i think but
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it's not it's not driving the homeowners
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crisis here
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all right so legislative action was not
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taken during this last session
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what ideally needs to happen is this a
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full overhaul
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no it's not a full overhaul it's a
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problem by problem issue that's being
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addressed when i i grew up right here in
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central florida 62 years i've never
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lived more than one block from where i'm
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sitting right now and my porch always
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had mildew
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okay that's just this happens in florida
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now when the lawyers started calling it
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bold and it was bad for you they started
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this crazy litigation and you saw
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insurance companies adapt by
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limiting or excluding exposure to mold
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spores virus bacteria that sort of thing
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then then the hot topic was uh water
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damage and water leaks and the fraud
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exploded in the water area in the
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restoration area so insurance companies
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limited
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now you have carriers that either
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exclude water loss altogether or limit
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it to ten thousand dollars uh now the
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problem is roofs and people are treating
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their homeowners policy as a warranty
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policy for a roof
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when you buy a home your home has
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consumables your appliances aren't going
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to last forever your roof is only going
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to have a 20 to 30 year life
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so when a 25 year old roof is damaged by
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a storm it wasn't necessarily damaged
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because the storm was bad it was damaged
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because the roof was old and you're
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getting a brand new roof
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for this so the fix is
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one of the proposals that senator boyd
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had in
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when he wrote the bill
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was to
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make roofs
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uh an actual cash value
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okay right now if you have damage to
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your roof and it's five years old you
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get a new roof your roof is 25 years old
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you get a brand new roof so the proposal
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was that and again i'm gonna i'm gonna
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paraphrase here just a little bit
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because i don't remember the exact
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wording of the bill but if your roof is
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like eight years old or less you'll get
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you'll get a brand new roof
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if it's like 8 to 12 you'll get 60
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12 to 17 years old you'll get 40
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so
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you you they replace what you've
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actually lost
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okay 20 year old roof is damaged you
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didn't lose a brand new route you lost a
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20 year old roof and the value of that
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20 year old roof is diminished value
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the exceptions in the proposal were
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if your roof is damaged by a hurricane
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regardless of age you would still get a
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brand new roof
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and if your house was a total loss due
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to catastrophic ground collapse what you
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and i call sinkhole a contract calls it
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catastrophic ground collapse or a fire
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uh you would still get a new roof part
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of the bugaboo was
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that your lenders require full
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replacement costs
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and there were some challenges there so
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the legislature really needs to address
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it and fix it and once they do
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i think you will see the market uh
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respond it will respond slowly
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but the market will open up
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they didn't and so a special session now
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is on the table now a date has not been
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set for that but it seems like the
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governor is leaving up to lawmakers to
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to set a date but is eyeing later this
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year
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is that too late does this need to be
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addressed right now especially with
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hurricane season approaching in just a
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few months well we certainly hope it
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would have been addressed and when the
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when i read in the paper that there may
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be a special session on the districting
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i immediately texted my contacts in
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tallahassee and said hey any chance
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we're going to get property tied into
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this and the answer and this is coming
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straight from people that talk to the
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governor's office every day
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no it's not going to happen so i texted
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back
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you know what are our chances
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and uh they said that with the current
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house leadership it is not going to
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happen so again the answer that i got
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from tallahassee directly yesterday was
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when they swear in the new house speaker
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which will be in november
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then there will be a special session on
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property
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prior to the regular legislative session
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in 2023 that's what i was told yesterday
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obviously a lot can change
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but
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people up there know that we have a
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problem we they know we need to get it
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fixed it's you know again you gotta play
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politics
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and as we often say it only takes one
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storm coming up what could happen to the
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insurance market if central florida is
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impacted by a major hurricane this
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season plus what you should do if your
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premium jumped this year stay with us
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this is the weekly on clickorlando.com
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with justin warmuth welcome back our
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topic this morning florida's property
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insurance crisis homeowners all over the
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state seeing their rates jump sometimes
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more than double or worse they're
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getting dropped altogether it appears
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lawmakers won't address the problem
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until later this year but what happens
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if central florida is impacted by a
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major hurricane before then tom cotton
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owner of hugh cotton insurance has that
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answer plus some tips for homeowners
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if we do get that storm this year
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what does that look like is that a
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full-on collapse
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wow
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that's a great question and we have we
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have a little saying amongst ourselves
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those of us that are active in you know
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in the insurance business and active in
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politics is you know this is a great
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plan if the wind don't blow
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okay if the wind blows everything
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changes i think mike tyson always said
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everyone has a plan to get punched in
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the nose uh so the same is true we
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certainly pray that uh florida will not
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uh suffer any catastrophes because
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right now our our carriers the carriers
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and again when i say carriers we're
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talking about the homeowners market okay
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we're not talking about the insurance
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industry in general we're focusing on
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homeowners carriers
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we are past the tipping point we have a
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lot of carriers in very precarious
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positions
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all right
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um carriers you know when they do
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business they measure that in premium
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but to do business in florida the law
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requires that you have a certain amount
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of surplus to support that premium
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surplus is your ability
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to pay claims and they measure that as
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your premium to surplus ratio
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why these carriers are stopping doing
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business but why these carriers are
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cancelling hundreds of thousands of
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policies is they have to get their
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premium down because their surplus has
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been impaired by these excessive losses
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now this problem is being exacerbated by
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the fact that the carriers that have
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failed
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the florida insurance guarantee
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association which is the state entity
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that pays the claims of bankrupt
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insurance companies okay there is there
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is a support network there if you have a
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carrier that goes broke state does have
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a support network that's funded by the
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other carriers figa has authorized a 350
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million dollar
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assessment
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to pay the legacy claims of the carriers
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that have recently been placed into
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insolvency the problem is when they do
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that they tell each carrier what you owe
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to the fica fund and then they put a
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they will put an assessment on your
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homeowner's policy on your automobile
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policy online on all policies written in
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florida but it'll be a dollar two
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dollars three dollars and as they
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collect the money they forward that on
[695]
to figo to pay the claims as they come
[697]
in
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but the state has said we want that 350
[700]
right now so the carriers are having to
[703]
pay their figa assessment which further
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impairs their surplus you get this
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so if they got to write a 30 million
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dollar check to pay their fica that's
[713]
like taking another 30 million dollars
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in claims because it directly reduces
[717]
their surplus
[718]
now in july
[720]
the insurance companies begin their
[722]
reinsurance treaty negotiations okay
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that's the insurance that insurance
[726]
companies buy and the price you pay is
[728]
based upon your financial strength
[731]
so they're already impaired
[734]
the fi gun makes their impairment worse
[737]
and now their reinsurance costs will
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either go up
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which again will drive more rate
[743]
increases or they will be uh unable to
[746]
purchase the same level of reinsurance
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they purchased in the past
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which means that if the wind blows
[752]
they're more likely to fail so you see
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how we're circling this drain and it
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keeps getting worse and worse and i know
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you may be sorry you ever asked me to
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answer these questions but that's how it
[763]
works no it's but it's impacting so many
[766]
people and
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i'm curious if you have any advice for
[771]
homeowners who are seeing these premiums
[773]
and saying that's too expensive or
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any tips for prospective home buyers who
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are looking to buy we know so many are
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and they're looking for
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an affordable rate and they're not
[786]
seeing it based on what we're dealing
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with and all the issues that are playing
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a role in this
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again you have asked a great question um
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first of all
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what i tell people is i mean i'm in the
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business of selling insurance and i want
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you to call my office i want you to talk
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to my personal line staff i want you to
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buy from us
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but when someone calls our office and
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say hey i got a renewal i went from 28
[808]
to 4 200. we say stop right there you
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got a renewal
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count yourself lucky pay the bill
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don't hassle they're going well but i
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can't afford that i said okay if you
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can't afford the increase can you afford
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to replace your air conditioner in your
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roof because that's what you're going to
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have to do for me to get you a quote so
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uh the advice and again you've asked a
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great question and thank you for giving
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me the opportunity to say this on
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television because if you have a renewal
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quote count yourself lucky and take it
[838]
if you're buying a home or if you're
[840]
simply you're still curious about
[842]
shopping there's some things that we as
[844]
agents have to have because the
[846]
underwriters are requiring it
[848]
you're going to need to have a what's
[850]
called a four-point inspection
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that's where a professional home
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inspector comes out and they look at the
[855]
roof the air conditioning
[858]
the plumbing and the electric
[860]
and uh it will give us the age and
[862]
condition
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a lot of carriers if your roof is more
[865]
than five years old they won't take
[867]
some or ten
[869]
if you have a flat roof when i say flat
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that's usually a rock and tar roof
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carriers won't take you it's befuddling
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to me because a rock and tar roof will
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last 50 years
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but they don't take rockin tar roofs if
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you have polybutyl plumbing or any
[883]
galvanized plumbing they won't take it
[885]
if you have copper wiring they won't
[886]
take it if you have stab lock or fedora
[889]
pacific use panels they won't take it
[891]
your air conditioner is more than 20
[892]
years old your hot water heater is more
[894]
than 15 years old you're gonna have to
[896]
replace those things so there's a lot of
[898]
money to be spent if your increase went
[901]
from 2800 to 4200 and you don't want to
[903]
pay it you might have to spend a lot of
[905]
money to keep a lower premium
[908]
they also do what is called a win
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mitigation inspection that looks at the
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nail patterns of the truss plates and
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the size of the nails and the accuracy
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of the nailing uh so a good four point
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and a windmill that says that you've got
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a well-constructed home help you
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considerably
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now let me ask you this because uh i
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know that this also plays you can tell
[929]
me better than i know but
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does the citizens
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uh insurance that the state it's the
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state-backed insurance is that
[938]
is that the default for some folks who
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can't
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you know afford or they're getting
[943]
dropped is that where they're going
[946]
yeah a lot of folks are ending up in
[948]
citizens and you can't see it but
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there's on my wall right behind me is a
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gift from the governor governor bush
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i was the chairman of the board of the
[956]
state agents association when citizens
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was created citizens was
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created to save the state like 70
[963]
million dollars in taxes when they
[965]
merged their residential property and
[966]
casually joint underwriting association
[968]
with the wind pool
[970]
citizens is a merger of those two
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entities
[972]
the challenge is because there was some
[975]
politics behind it
[977]
tom gallagher was the insurance
[978]
commissioner he was running for governor
[981]
when citizens was put together
[984]
the the law says that citizens can't
[987]
charge a rate that's less than the
[989]
average of the 10 highest private
[992]
carriers in the area citizens wasn't
[994]
intended to be a competitive market
[996]
uh but the the figures they were using
[998]
when citizens were created were like
[999]
eight or nine years old so when citizens
[1001]
was created it was the most price
[1004]
competitive product there was which is
[1006]
why citizens exploded
[1008]
i became the second largest homeowner
[1010]
insurer in the country so um citizens
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has done a lot barry gillway the head of
[1015]
citizens has done a phenomenal job in
[1018]
getting the policy writing down citizens
[1020]
is now financially
[1022]
strong they can they can take major
[1024]
losses but citizens has doubled in size
[1026]
in the last year um the rates are still
[1028]
not actuarially sound completely
[1031]
um so a lot of these policies are ending
[1034]
up in citizens because that's that's the
[1036]
entity that is created to be able to
[1038]
take homes that are otherwise
[1039]
uninsurable
[1041]
but it's also competitive in some areas
[1043]
so it shouldn't be but a lot of people
[1046]
are going there but citizens also has
[1048]
rules
[1049]
they won't take everything they still
[1051]
have to have their own type of
[1052]
inspection and the citizens inspection
[1054]
can be more stringent than the regular
[1056]
four point so you mentioned citizens but
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it's not an automatic entry
[1061]
i think that's the um i think that's i
[1063]
think well no no i think that's that was
[1065]
the point i was trying to get across is
[1066]
that people just think if their private
[1069]
insurer is dropping them or raising
[1071]
their rates they can just go there and
[1072]
find a lower rate and get automatically
[1075]
insured and that's not the case that's
[1077]
that that was basically the point i was
[1078]
trying to make is that accurate
[1081]
yes yes
[1082]
you've asked a great question again
[1083]
sorry for a long answer but you know
[1085]
there's so much information that the
[1087]
general public does not know okay
[1089]
insurance is bought and sold as a
[1091]
commodity for the most part by both
[1093]
people that sell it
[1094]
and by the people that buy it they want
[1096]
faster and cheaper and in what world do
[1099]
you get something better for less money
[1101]
and insurance is a contract it is a
[1104]
written contract it is not a commodity
[1106]
so you have to very carefully look at
[1108]
what the contract says and cheaper is
[1110]
not always better in fact in the
[1111]
insurance business the exact opposite is
[1113]
true
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and my thanks to tom cotton for his
[1117]
insight this morning for more
[1119]
information on florida's home insurance
[1120]
crisis just head over to
[1122]
clickorlando.com weekly i'm justin
[1124]
warmuth hope you have a great sunday