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A Florida Home Insurer Was Allowed to Bypass the Courts During Claim Disputes. It Won More Than 90% of the Time.
Peter and Linda Kilfoil encountered a water leak in their Florida home, prompting them to file a claim with their insurer, Citizens Property Insurance Corp. Citizens routed their case to the Florida Division of Administrative Hearings (DOAH), an alternate legal forum where the insurer often prevails. This forum, funded by Citizens, has been criticized for limiting policyholders' rights, such as restricting discovery and preventing voluntary case dismissal.The Kilfoils' attorney was denied the opportunity to depose a Citizens adjuster, hindering their investigation into the denied claim. Similar rulings have been made in other cases, raising concerns about impartiality. While Citizens defends DOAH as an efficient process, data shows it wins over 90% of final hearings there, compared to about 55% in circuit court.The Kilfoils ultimately settled their case for a nominal sum due to Peter Kilfoil's declining health and the challenging legal landscape. Citizens gained the ability to use DOAH in 2023 to manage its legal costs amidst a surge in policyholders after private insurers failed. This provision was added to legislation with little public debate.Despite some legal challenges and a statewide injunction pausing DOAH proceedings, Citizens intends to expand its use of the forum. The insurer's financial stability has improved, and it is shedding policies while continuing to utilize DOAH for claim resolution. Many Floridians are unaware that their insurance policies may compel them into this arbitration system, which disproportionately favors Citizens.