The Restoration Association of Florida (RAF) and home remediation contractor Air Quality Assessors have filed a lawsuit naming Florida Insurance Commissioner, David Altmaier, alleging that he violated the law by enabling home insurers to change consumers' policies.
The lawsuit looks to reverse a recently enacted policy change, and also names two insurers, American Integrity Insurance Company of Florida and Heritage Property & Casualty Insurance Company, as defendants.
The suit claims that American Heritage sought and received approval for a policy change which required policyholders – or a third party to which policyholders would assign the benefits of their claim – to agree to take any dispute to mediation and arbitration instead of to a court. According to the new policy, should a policyholder or assignee hire an attorney to represent them in the mediation or arbitration, the insurer would not be obligated to pay for the attorney's fees, even if the policyholder/assignee wins the case.