In an unprecedented rush, Florida's HB 837 has swiftly transformed from a contested bill to law, a move celebrated by the insurance industry but met with widespread concerns and opposition across the state. This legislation slashes the rights of insurance policyholders in a range of domains, from auto to health, life, and liability insurance.
Championed by the insurance industry, the bill has been decried by Curry Pajcic, president of the Florida Justice Association (FJA), as a measure that shields the profit margins of billionaire insurance companies at the expense of Floridians' rights. The process leading to its approval drew sharp criticism, with many pointing out its swift passage and lack of sufficient consideration for the implications it holds.
Floridians from diverse backgrounds—doctors, victims of medical negligence, crime survivors, trucking accident survivors, and small business owners—rallied against the bill, converging on Tallahassee to voice their opposition. Their concerns primarily revolved around the limitations it imposed on holding insurance companies accountable.
Throughout the legislative journey, the FJA aimed to address specific provisions of the bill, pushing for amendments that would safeguard policyholders' interests. However, these efforts were rejected, leading to the immediate enactment of the bill upon the governor's signature.
While supporters of the bill were limited, comprising mainly insurance corporations, big businesses, and insurance defense lawyers in Florida, even they are now expressing apprehension about its potential impact on the state's legal system. The surge in personal injury and wrongful death case filings post-enactment has prompted an extraordinary plea from the association of insurance defense lawyers, seeking extensions for responding to recently filed complaints.
Pajcic highlighted the predictable consequence of the rushed bill—a spike in filings as individuals hurried to safeguard their rights before the law took effect. The FJA consistently advocated for a more measured approach, urging that the law only apply to cases arising after its enactment—a standard approach for legislation affecting substantive rights.
Despite the disappointment surrounding HB 837's passage, Pajcic expressed hope that the surge in filings triggered by its stringent provisions would eventually settle. The onus now rests on Florida's Circuit Courts to effectively manage the influx of cases, a responsibility vital for ensuring fairness and justice.
The contentious journey of HB 837 stands as a stark reminder of the balancing act between corporate interests and citizen rights in legislative processes. Its immediate consequences emphasize the importance of thoughtful consideration and collaboration in shaping laws that affect the lives and rights of individuals.
To learn more about this issue, click here to read the article by FJA.
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