In retrospect, 2005 probably will be viewed as a transitional year. The once-strident legislative battles over medical malpractice and workers' compensation reforms have given way to a period of assessing their incremental changes on the markets. Then there is the fact that the state has suffered eight hurricanes in two years, leaving a financial and economic legacy that will require legislative and regulatory action stretching forward indefinitely. That is not to say that 2006 will be without its challenges. The fight over whether to retain the auto personal injury protection law is already heating up as the industry lines up against its old foes — the trial bar and doctors. Citizens Property Insurance Corporation is due for a major overhaul given the residual market's many financial and ethical problems. And then there will be the long discussion over who should pay for Florida's coastal hurricane losses. Throw in the fact that 2006 is an election year, and that Chief Financial Officer Tom Gallagher is running for governor, and there is plenty to look forward to. But for the moment, Florida Underwriter looks back. Here are a few quotes that caught our attention this past year.

Workers' Compensation

“These are the results we had hoped the reforms would produce and while we are not totally out of the woods, we have come a long way from where we started.” – Insurance Commissioner Kevin McCarty, on his decision to lower rates by 5.1 percent in January 2005.

“It speaks volumes when carriers choose to come into the market because they believe they can come to Florida and make a profit.” – David Hoppen, senior vice president of the Insurance Company of the West, noting that new companies are willing to come into the market due to the 2003 reforms.

“Clearly there is a risk of getting caught cheating. We are getting calls every day from agents looking for coverage for contractors looking to comply with the law.” – Tom Stahl, executive director of FUBA Workers' Comp, on the impact of the new construction exemption laws.

“Now may be the best time for a glitch bill and we are not going to just walk away. But this conference is indicative of all the people involved in [workers'] comp and it is difficult to get a consensus from even half of this group.” – House Insurance Committee Chair Dennis Ross (R-Lakeland), speaking at the annual Florida Workers' Compensation Institute Annual Conference, on the changes for comp reform in 2006.

“A 22 percent rate cut is divorced from reality. If [McCarty] were to approve that change, all the good progress we've seen over the last several years would dissolve.” – William Stander, representing the Property Casualty Insurers Association, on Chief Financial Officer Tom Gallagher's call for a 22 percent rate cut. McCarty approved a 13.5 percent rate cut that will take effect in January 2006.

Hurricanes

“Because of the financial devastation these people have suffered, they may not be able to rebuild or repair their homes. The consequence of such a scenario could be financially devastating to the economy of this state.” – Tom Gallagher, on his successful effort to convince lawmakers to limit homeowners' hurricane deductibles to one per season.

“Companies were bidding for adjusters and paying $2,500 and $3,000 up-front.” – Charles Cramer, of the adjusting company CJW, on the cost of finding adjusters.

“I don't want to sound cold, but nothing that occurred surprised me. This has been modeled for decades.” – Rade Musulin, vice president and actuary for the Florida Farm Bureau, commenting on the flooding of New Orleans after Hurricane Katrina.

“There is the potential doomsday scenario. In Florida, we have done all we can responsibly. What we need is a national program that doesn't write the checks after the fact, but is an advanced plan.” – Kevin McCarty, joining the chorus of regulators and lawmakers on the need for a national catastrophe fund.

Citizens Property Insurance Corporation

“The CFO believes that one key to improving Citizens is motivating agents by providing them with adequate commissions and that can't be done on the cheap. He also is looking forward to agents becoming a crucial part of providing and raising the service levels in the residual market to equal those in the private market.” – Bob Lotane, spokesperson for Gallagher, on why the CFO supported agents in their fight to increase commissions.

“It makes no sense that, when the agent knows the person and his house, the policyholder should have to wait three weeks to get a check. As an agent you are the company, and when there is a catastrophe, it is highly appropriate that an agent have limited drafting authority to issue ALE checks.” – Florida Association of Insurance Agents Executive Vice President Scott Johnson, on why it would make sense for Citizens' agents to process additional living expense checks.

Sinkholes

“Sinkholes are affecting the availability and affordability of homeowners' policies in the West Central portion of Florida and have caused a significant increase in the population of Citizens Property Insurance Company” – Kevin McCarty, on carriers' decisions to pullback from sinkhole areas.

“A sound answer is to set up a system where real experts are involved in determining whether a sinkhole exists and how to fix it. Then, give the experts' determinations a presumption of correctness.” – Mark Delegal, lobbyist for State Farm, on what it would take for carriers to consider writing policies in sinkhole- prone areas.

Auto

“There is a tremendous amount of attorney involvement and it is easy for claimants to sue companies. When people think about whether we should go to a tort system, there is an argument that that's what it already is.” – Stander, on the prospect of doing away with no-fault.

“We don't tell insurance companies where to set rates.” – John Knight, of the Florida Medical Association, making the argument about why there doesn't need to be a medical fee schedule in PIP.

Health

“The amendments have been absolutely eviscerated, gutted. This is not anywhere close to what the voters of Florida voted for.” – Alexander Clem, an Orlando attorney and president of the Florida Academy of Trial Lawyers, on the legislature's decision to limit the scope of two medical malpractice amendments, including a patient's access to medical records.

“We get calls to our toll-free number everyday from people who can't find health insurance. These people are willing to pay higher premiums, but can't find anybody willing to write them. I think the pool is desperately needed.” – Michele Robleto, executive director of the Florida Comprehensive Health Association, on the continued frustration of trying to get lawmakers to reopen the high-risk pool.

“Health Flex has gone over like a lead balloon.” – Paul Duncan, a health policy expert at the University of Florida, who chairs the state Health Insurance Study Advisory Panel. Health Flex allows insurers, hospitals, and other entities to offer health insurance to the uninsured without some or all of the 51 state and federal mandated benefits. No health insurer has stepped up willing to offer a statewide “bare-bones” type policy.

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