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2000-23797 RESO RESOLUTION NO. 2000-23797 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA URGING THE STATE LEGISLATURE TO REPEAL THE CURRENT STATE ARBITRATION PANEL PROCESS WITH REGARD TO INSURANCE RATES AND TO RESTORE THE STATE INSURANCE COMMISSIONER WITH THE FINAL AUTHORITY TO SET INSURANCE RATES AND FIRMLY SUPPORTING LEGISLATION PROPOSED BY STATE SENATOR RON SILVER TO ACCOMPLISH THIS PURPOSE. WHEREAS, on Thursday, February 3, 2000, a State arbitration panel voted 2-1 to allow the rate increase in hurricane coverage sought by the Florida Windstorm Underwriting Association in the State of Florida; and WHEREAS, said rate increase will result in rates for hurricane coverage that will double or triple over the next four years; specifically, rates will go up 20% the first year, 30% the second year, and 40% in subsequent years; and WHEREAS, property owners most affected by such rate increase are along Miami-Dade County's coastline and, in particular, the City of Miami Beach which is a high hazard coastal community; and WHEREAS, the current state system, that allows insurance companies to circumvent the ~uthority of the elected State Insurance Commissioner by proceeding to an arbitration panel which has the final say on setting rates, should be changed to the prior system which allowed the Insurance Commissioner to make rate determinations in this regard. Under the prior system, insurance rate determinations were appealed to an administrative law judge who would then make recommendations to the State Insurance Commissioner who had the final say in insurance rate matters; and WHEREAS, the current system of an arbitration panel was adopted after extensive lobbying by the insurance industry and is biased in favor of insurers; and WHEREAS, State Senator Ron Silver is sponsoring legislation in the upcoming State legislative session which will eliminate the State arbitration panel system and restore final authority in the setting of insurance rates to the State Insurance Commissioner; and WHEREAS, State of Florida Insurance Commissioner Bill Nelson has opposed the arbitration system which has been in effect since 1996 and is supporting the legislation sponsored by Senator Ron Silver in the upcoming Legislative session that would eliminate the arbitration system and return to the previous system which gives the State Insurance Commissioner final authority in setting insurance rates; and WHEREAS, a return to the prior system of setting insurance rates, which restores authority to the State-elected Insurance Commissioner, is in the best interests of the City of Miami Beach, as well as all property owners along Miami-Dade County's coastline who must pay for hurricane protection insurance. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the State Legislature is urged to repeal the current arbitration panel process with regard to the setting of insurance rates and to restore final authority to set insurance rates to the Insurance Commissioner for the State of Florida, and the legislation proposed by State Senator Ron Silver in the upcoming legislative session to accomplish this purpose is hereby firmly supported. PASSED and ADOPTED THIS 9th day of February ,2000. ~/J1 MAYOR A7Jk r f auL-- J CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /'/ ZIlf(kjL '~ City Attorney ~ F:\A lTO\TURNlRESOS\ WINDSTRM.INS o o ~ uS >- cr: C( ;:) cr: IX) W LL >" c( o z ;:) rn CL. <0 ~ 01 lD ~ Z ~ ~ t ~~: en ::? Z 15 ~ '" ~ if ~ <( i'f g 15 '" a: ... ... o ... ;;: ::E l2 E o C) -d -; Co Ql 1 .... . '" a: o I- @ w !;( 13 o <I) <I) <( >- lD '" ... ... " o w o .., o Z <( ... ~ a: " '" ::> :IE c = I- a: C :l! a: o l- S '" Z a <( Z ~ o ::5 t; :I ... o ... .. .. =s a: g a w ~ ;::: ::> u '" ~ a: '" :x: '" ~ ~ z w :::l " .. ;I o I- a: w lD ... C AN UNCONSCIONABLE RATE HIKE t FOR WINDSTORM COVERAGE The Florida Windstorm Underwriting . Association stuck it to South Florida honieowners again last week, hiking hurri- cane premiums to the stratosphere. That should make South Floridians mad enough to demand that their state senators and representatives scrap the rigged arbitra- tion system. Like Howard Beale in the movie Net- work, we should be sticking our heads out the window and screaming: "I'm mad as hell and not going to take it anymore." Here's why: Rates for an average $150,000 home with some hurricane pro- tection in Miami Beach and coastal neigh- borhoods will more than triple to $2,091 from $626 over four years. Rates will go up 20 percent the first year, 30 percent the second and then another 40 percent. There's simply no way this should hap- . pen. It.s a flawed increase based on con- troversial computer projections, which Insurance Commissioner Bill Nelson con- tends are neither accurate nor reliable. Moreover, this latest decision shows clearly that the arbitration panel is skewed in favor of the insurance industry. The process for reviewing and justifying rate increases must change. The Legislature should make abolition of this panel a pri- ority when it reconvenes in March. From the insurance pool's first filing for increases, the cards were stacked against policyholders. The windstorm pool is run by a board dominated by Florida's largest insurers. Earlier this year, insurers asked Mr. Nel- son to approve rate hikes. He firmly said No. The companies in the pool then took the issue before an arbitration panel. Mr. Nelson gets to pick one member of that panel, the industry another. Together the two that have been chosen pick a third member. To approve the rate hike, the panel required only a quick Thursday con- ference call. In eight meetings, the panel has overruled the commissioner seven times, always by the same 2-1 margin. Mr, Nelson is considering a court chal- lenge to block the rate increase. That requires him to find a technicality, how- ever slight, to challenge the panel's authority. He should do just that. The best course, however, is a legisla- tive fix. A lawsuit would buy some time for the Legislature, which established the do-whatever-insurers-ask panel, to restore the insurance commissioner's authority to make final decisions over rates. After all, the commissioner is still the official elected to oversee the insurance industry. Legislators should also authorize and provide funding for the State University System to provide independent computer modeling of comparative risk and rates. Twice, legislators have failed to act on such changes. Yet the current system isn't working. Lawmakers have one more chance before homeowners get their bills and storm voting booths. t..a.. ", m.. ^ ..tT ~"tr..".a: 1;' v"., . . M4, ",'. \J 8 F RID A Y, FEBRUARY 4, 2000 t FIN ALE 0 I T ION '..: " . '. .' '. ",' .-:. .....:.. ~. ~:.'.. w ,.w.w . .a t'.cr'~;~C:.:o::m '" . ,'. ':. ....;<., .....,... ".. ,; :.:.4, .".' " ,'::-: ..:<\.,~. ", ..;~ Insurance for. storms will soar, panel says Coastal coverage to triple for some BY BARBARA De LOLLIS bdeloIli5@herald.com Hurricane insurance premiums {or homeowners living along the coast will double or triple over the next four years, under a rate increase ap- proved Thursday. A state arbitration panel voted 2.1 to allow the rate increase sought by the Florida Windstorm Underwriting Association, the insurer of last resort jor storm coverage.)nsurance Com- missioner Bill Nelson had rejected the increase as toc high. Under the plan, the FWUA will push rates highest along Miami-, Dade's coast, and give discounts to homeowners who pay jor protection measures, such as hurricane shutters or braced garages. . Rates {or an average 5150,000 ma- sonry Miami Beach home with some hurricane protection measures, {or in- stance, will triple {rom 5626 to 52,091 over four years. The increase will be phased in a bit more slowly than the FWUA had re- quested. Rates will go up 20 percent the tirst year, 30 percent the second, and 40 percent in subsequent years. The FWUA had wanted increases of 40 percent annually. :- The decision adds fuel to Nelson's fight a!l:ainst the arbitration system, which since 1996, has had the final say on setting rates. Nelson maintains FROM THE FRONT PAG~i Insurance rate boost approved ~~1 I . ! ; State policies for coast to soar >> INSURANCE, FROM lA :hat the system, adopted arter extensive lobbying by the in- surance industry, is biased in (avor or insurers. "This is the Armageddon we've been rearing under an ar- bitration system that allows the -:ompanies to go around the people's elected commission- er," Nelson said in a statement. The Legislature voted in the arbi~rat:on system in 1996. At :he time, supporters said it took the politics out or' rate making. ~ Nelson, who has repeatedly supported legislation to repeal the system, is getting behind :mother bill i.l the upcoming legislative session that would do the same thing. OVERTURJ."fED Since the system took effect, seven or eight decisions by Nelson rejecting rate increases, including this one, were either wholly or partially overturned. One .of those decisions, in 1996, gave the FWUA a state- wide average increase or' 12 percent, which translated into increases or' 30.6, 24.9 and 15.7 percent in Miami-Dade, Broward and Palm Beach coun- ties. The decision was a com- promise between Nelson's re- jection and the agency's desire to hike rates an average or 20 percent three years in a row. Nelson is strongly advocat- ing going back to the old sys- tem. That system let insurers appeal rate rejectior.s to an ad- ministrative law judge, who would then make a recommen- dation to Nelson, who had the rinal say. The system is acrually still an option. but insurers choose arbitration. Local insurance agents were surprised by the arbitration panel's decision. "I think the rates seem to be adequate enough. Or' course, I'm not an insurance company, I'm an insurance ager.t." said Bill Beckham, president of Head-Beckham AmerInsur- ance. "They're looking at the once-in-a-lOO-year storm. Who knows how big that storm's go- ing to be?" WAYS TO SAVE The FWUA says policyhold- ers can save monev bv ins~all- ing hurricane prote~ti~n devic- es, such as window shutters, RISING WINDSTORM RATES Here's how Florida Windstorm Underwriting Association premiums have risen for a hypothetical $150,000 home in Miami Beach with contents coverage of $i5,000. Example assumes a mascnry house, a porch with a sliding glass door and a gabled roof. The house has hurricane shutters and sheathing, to take advantage of some of the FWUA's discounts. The premiums do not include what a homeowner might pay for hazard and flood insurance. September 1996 March 1997 $367 $459 August 1998 $626 Premiums under the current proposal: First year Second year Third year $876 $1,227 $1,717 Fourth year $2,091 1 I Savings for storm mitigation The homeowner could save money in the third and fourth year of the new rate structure by taking other wind-protection measures, such as putting a water resistant coating on the house or installing a better garage door. With improved mitigation, the rates would be: First year Second year Third year Fourth year $876 $1,227 $1,497 $1,497 water-resistant coatings, roof straps and garage bracing. Some of the other discounts - for example. reim'orced mason- ry and hip roofs - apply only to existing homes and would be difrIcult to charlge. The F\VUA contends that 85 to 90 oercent of it!; customers have 'made some improve- ments to protect their homes from storms. That estimate, however. is based on a state survey of residents, not just FWUA policyholders. At this point, FWUA custor::: ers have little choice but to e' ther pay the higher premium or pay ror improvements t. their homes. The largest insurers in th state are generally not writin new windstorm policies fo homeowners. Local insuranc brokers say some companie are writing new business, b,-, it's mostly as a favor {or pre ferred customers. OFFICE OF THE CITY ATTORNEY ~ t/JKiomi 1I~ F L o R o A MURRA Y H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. ~ TO: Mayor Neisen O. Kasdin and Members of the City Commission Murray H. Dobbin I\A10 " ~ V City Attorney ti1~ VIiW DA TE: February 9, 2000 FROM: SUBJECT: RESOLUTION URGING URGING THE STATE LEGISLATURE TO REPEAL THE CURRENT STATE ARBITRA TION PANEL PROCESS WITH REGARD TO INSURANCE RATES AND TO RESTORE THE STATE INSURANCE COMMISSIONER WITH THE FINAL AUTHORITY TO SET INSURANCE RATES. Pursuant to the request of Commissioners David Dermer and Simon Cruz, the above referenced Resolution is submitted for consideration by the Mayor and City Commission. cc: Lawrence A. Levy City Manager F:IA TTOITURNICOMMMEMOIWINDSTRM.INS Agenda Item R -, ::5 Date 2-9-00 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139