And those fees mount: Lawsuits tied to assignments of benefits have increased from about 400 in 2006 to more than 28,000 by 2016, state Insurance Commissioner David Altmaier has told legislative committees debating the issue. Seventy-three percent of rate requests by insurance companies filed with the Office of Insurance Regulation last year were approved for increases, Altmaier told the House Commerce Committee last week. The highest rate hikes have been imposed in South Florida, where most of the assignment-related litigation occurs. Attorneys and contractors, however, contend that its the insurance companies that force lawsuits by routinely delaying inspections, challenging reasonable invoices, and denying claims. While conceding some abuses by bad actors, attorneys and contractors favor protecting the existing legal-fee structure while requiring licensing of water damage contractors and notification to insurers of assignments and pending lawsuits. Grants bill ties recovery of legal fees to the difference between the final judgment, or settlement, and the insurers initial offer. Contractors and attorneys get no fees unless the difference is wide. If the final award exceeds an insurers initial offer by a narrow-enough margin, the insurer could actually be awarded fees from the litigating contractor. In House debate on Tuesday, members voted down a proposed amendment by Rep. Evan Jenne, D-Fort Lauderdale, that would have required insurers to reduce rates 6.5 percent effective July 1, 2018, and require public hearings for future rate-hike requests.
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