Floridians victim to insurance fraud say state isn't moving fast enough to fix it (2024)

When independent field adjusters told Florida lawmakers in December 2022 that they suspected insurance carriers were cheating their policyholders – predominantly homeowners – by underpaying them on Hurricane Ian claims, lawmakers and the state’s chief financial officer promised action. As the 2024 hurricane season begins in Florida, nearly 200,000 property owner claims have been closed without payment just from that single storm. And while some insurance carriers have been fined for their claims resolution practices, not one insurance company executive has been arrested and charged with criminal fraud. “I don’t want to see it get swept under the rug,” said Jordan Lee, an independent adjuster who is licensed in Florida and lives in Texas.Related: WESH 2 Hurricane Survival Guide 2024 He and two other adjusters brought the serious allegations of criminal fraud to Legislators during a special session in 2022 to address and help lower rising property insurance rates. The independent adjusters assess damage and document proposed claims with photos, measurements, and detailed estimates. They also put their names on those reports. The adjusters claim some carriers manipulated their claims, lowered them dramatically, and sent the payment estimates back to policyholders with the independent adjusters’ names on them as if they had written the company-edited payment estimate. The adjusters provided that documentation to WESH 2 Investigates, providing a “before” and “after” picture of how recommended roof replacements, for example, became roof repair recommendations and estimates, without the adjusters’ knowledge. At first, Lee said the state Department of Financial Services talked with him about the evidence he provided. Then, he said, an investigator called him last December and requested he come to Florida for an interview. It would have been the same day as his wedding. The investigator, he said, suggested calling back in early January. Lee said he called and left a message, and is still waiting for a callback.“It’s been six months since I called them," he said. "No callback. It’s not doing their due diligence to properly investigate.” The Department of Financial Services (DFS) is run by Republican Chief Financial Officer Jimmy Patronis. WESH 2 Investigates asked him if he believed the investigation will result in the arrests of any insurance company executives. “There’s good insurance companies. There’s bad insurance companies,” he said. He then quickly pointed out that after the Florida Office of Insurance Regulation (FLOIR) completed its “Targeted Market Conduct Examination Report” – a kind of audit of a carrier’s response to a major storm – of five insurance companies. Last month it fined them for improperly handling claims. The largest fine, $ 1 million, was assessed on Heritage Property and Casualty under “Consent Order 322312-24.” It’s believed to be one of the largest insurance fines by the state on record. Though it’s comparatively small, Heritage’s parent company, Heritage Insurance Holdings Inc, had revenue of $ 191 million in the first quarter of this year. In both the Market Conduct report and Consent Order, the FLOIR says Heritage failed to quickly respond to claims calls, pay claims in a timely manner, and make sure adjusters provided proper information to policyholders following Hurricane Ian. Patronis, who does not oversee FLOIR, and confines his investigations to those that may involve criminal conduct, added, “That (FLOIR) investigation led to, inconsistencies on how they took care of the Florida consumers that ultimately equated to a fine that took a million dollars out of their pockets. {Fox} But it was a fraud investigation. No crime was committed at least as far as you could tell? {Patronis} Again, criminal charges will be determined based on where there may have been laws that were broken.” It’s worth noting, Heritage Property and Casualty has donated $240,000 in campaign contributions to “Treasure Florida,” a Patronis political committee. The contributions were made between 2017 and 2022, according to the Florida Division of Elections campaign finance database. Patronis told WESH 2 Investigates he is considering running for governor in 2026, and since his re-election to the term-limited post of CFO, his political committee has raised more than $ 1.12 million. Doug Quinn, head of the American Policyholder Association, shared his thoughts on the pace of the criminal case thus far: "We strongly urge the DFS investigators and CFO Patronis to do the right thing, and aggressively chase down these alleged crimes," he said. "And where necessary make arrests and prosecutions.” Patronis’ office provided an additional statement regarding the criminal investigation:“The DFS criminal fraud investigation remains open and ongoing. Fraud investigators continue to conduct witness interviews to gather additional evidence and are working closely with state prosecutors to prepare the best possible case for presentation,” spokesperson Devin Galetta said. We asked if somebody should be arrested at the end of the investigation, adjuster Lee said, "I do.” As of April 22, according to FLOIR, 198,024 Hurricane Ian claims across Florida have been closed without payment – 49,044 remain open. In the nine-county central Florida region, 51,589 claims have been closed without payment, most in Orange and Volusia counties. And 7,998 remain open – as another potentially dangerous storm season approaches.

ORLANDO, Fla. —

When independent field adjusters told Florida lawmakers in December 2022 that they suspected insurance carriers were cheating their policyholders – predominantly homeowners – by underpaying them on Hurricane Ian claims, lawmakers and the state’s chief financial officer promised action.

As the 2024 hurricane season begins in Florida, nearly 200,000 property owner claims have been closed without payment just from that single storm. And while some insurance carriers have been fined for their claims resolution practices, not one insurance company executive has been arrested and charged with criminal fraud.

“I don’t want to see it get swept under the rug,” said Jordan Lee, an independent adjuster who is licensed in Florida and lives in Texas.

Related: WESH 2 Hurricane Survival Guide 2024

He and two other adjusters brought the serious allegations of criminal fraud to Legislators during a special session in 2022 to address and help lower rising property insurance rates.

The independent adjusters assess damage and document proposed claims with photos, measurements, and detailed estimates. They also put their names on those reports.

The adjusters claim some carriers manipulated their claims, lowered them dramatically, and sent the payment estimates back to policyholders with the independent adjusters’ names on them as if they had written the company-edited payment estimate.

The adjusters provided that documentation to WESH 2 Investigates, providing a “before” and “after” picture of how recommended roof replacements, for example, became roof repair recommendations and estimates, without the adjusters’ knowledge.

At first, Lee said the state Department of Financial Services talked with him about the evidence he provided. Then, he said, an investigator called him last December and requested he come to Florida for an interview. It would have been the same day as his wedding. The investigator, he said, suggested calling back in early January. Lee said he called and left a message, and is still waiting for a callback.

“It’s been six months since I called them," he said. "No callback. It’s not doing their due diligence to properly investigate.”

The Department of Financial Services (DFS) is run by Republican Chief Financial Officer Jimmy Patronis. WESH 2 Investigates asked him if he believed the investigation will result in the arrests of any insurance company executives.

“There’s good insurance companies. There’s bad insurance companies,” he said. He then quickly pointed out that after the Florida Office of Insurance Regulation (FLOIR) completed its “Targeted Market Conduct Examination Report” – a kind of audit of a carrier’s response to a major storm – of five insurance companies. Last month it fined them for improperly handling claims.

The largest fine, $ 1 million, was assessed on Heritage Property and Casualty under “Consent Order 322312-24.”

It’s believed to be one of the largest insurance fines by the state on record. Though it’s comparatively small, Heritage’s parent company, Heritage Insurance Holdings Inc, had revenue of $ 191 million in the first quarter of this year.

In both the Market Conduct report and Consent Order, the FLOIR says Heritage failed to quickly respond to claims calls, pay claims in a timely manner, and make sure adjusters provided proper information to policyholders following Hurricane Ian.

Patronis, who does not oversee FLOIR, and confines his investigations to those that may involve criminal conduct, added, “That (FLOIR) investigation led to, inconsistencies on how they took care of the Florida consumers that ultimately equated to a fine that took a million dollars out of their pockets. {Fox} But it was a fraud investigation. No crime was committed at least as far as you could tell? {Patronis} Again, criminal charges will be determined based on where there may have been laws that were broken.”

It’s worth noting, Heritage Property and Casualty has donated $240,000 in campaign contributions to “Treasure Florida,” a Patronis political committee. The contributions were made between 2017 and 2022, according to the Florida Division of Elections campaign finance database. Patronis told WESH 2 Investigates he is considering running for governor in 2026, and since his re-election to the term-limited post of CFO, his political committee has raised more than $ 1.12 million.

Doug Quinn, head of the American Policyholder Association, shared his thoughts on the pace of the criminal case thus far:

"We strongly urge the DFS investigators and CFO Patronis to do the right thing, and aggressively chase down these alleged crimes," he said. "And where necessary make arrests and prosecutions.”

Patronis’ office provided an additional statement regarding the criminal investigation:

“The DFS criminal fraud investigation remains open and ongoing. Fraud investigators continue to conduct witness interviews to gather additional evidence and are working closely with state prosecutors to prepare the best possible case for presentation,” spokesperson Devin Galetta said.

We asked if somebody should be arrested at the end of the investigation, adjuster Lee said, "I do.”

As of April 22, according to FLOIR, 198,024 Hurricane Ian claims across Florida have been closed without payment – 49,044 remain open.

In the nine-county central Florida region, 51,589 claims have been closed without payment, most in Orange and Volusia counties. And 7,998 remain open – as another potentially dangerous storm season approaches.

Floridians victim to insurance fraud say state isn't moving fast enough to fix it (2024)

FAQs

How long do you go to jail for insurance fraud in Florida? ›

Florida Law on False and Fraudulent Insurance Claims

Less than $20,000 is a third-degree felony, punishable by up to five years in prison. Between $20,000 and $99,999 is a second-degree felony, punishable by up to 15 years in prison. $100,000 or more is a first-degree felony, punishable by up to 30 years in prison.

Can you beat insurance fraud? ›

If you've been accused of filing a false claim, a vigorous insurance fraud defense could lead to your criminal charges being reduced or dropped. Through an independent investigation, your criminal defense attorney may be able to build a strong case based on: A lack of intent to engage in fraud.

What is the punishment for health insurance fraud in Florida? ›

False and fraudulent insurance claims, F.S. 817.234, generally a third-degree felony punishable by a maximum 5 years prison, though some cases may be increased to a second-degree felony with a maximum 15 years and a minimum mandatory two-year prison term.

What is Florida statute of limitations for fraud? ›

The statute of limitations for fraud is 4 years in Florida. The time period begins to run when the fraud is discovered or should have been discovered.

How much does an insurance fraud investigator get paid in Florida? ›

How much does an Insurance Fraud Investigator make in Florida? As of Aug 10, 2024, the average hourly pay for an Insurance Fraud Investigator in Florida is $20.80 an hour.

What is the burden of proof in insurance fraud? ›

Remember: the burden of proving the case is on the State of California. You do not have to prove your innocence. If the prosecutor cannot make the case that fraud occurred beyond a reasonable doubt, a jury should acquit you.

How to win an insurance fraud case? ›

To create a solid defense in an insurance fraud case, your criminal defense lawyer can help by informing you of insurance regulations, analyzing evidence carefully, interviewing witnesses and experts, and identifying when there is a lack of evidence.

How to counter insurance fraud? ›

Tips to Prevent Insurance Fraud:
  1. Do not buy the first policy you find. ...
  2. Be careful to only buy from authorized companies and agents. ...
  3. Be sure to look into the credibility of the agent as well as the company. ...
  4. Fill out your application carefully. ...
  5. Never pay for your premium in cash.

What is the 817.234 law in Florida? ›

817.234, Florida Statutes, any person who, with the intent to injure, defraud, or deceive any insurer or insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of ...

How do I report an insurance agent for fraud in Florida? ›

If you suspect fraud taking place in your community, contact our Insurance Fraud Hotline at 1-800-378-0445 and you could receive a substantial Florida Fraud Fighter reward.

Can I sue my health insurance company in Florida? ›

Florida law allows you to pursue a civil claim when your insurance company fails to honor your contract or otherwise works against your best interests. Examples of bad faith practices can include: Refusing to pay for a policyholder's legitimate case. Failing to investigate your claim within a reasonable period.

What is a sentence for insurance fraud? ›

All lines of insurance are susceptible to fraud, but it is particularly prevalent in automobile insurance, healthcare, and workers' compensation. If you are solicited to commit insurance fraud, STOP! Insurance fraud is a felony punishable by up to five years in state prison and a $50,000 fine.

What is the insurance fraud reward in Florida? ›

Rewards of up to $25,000 may be paid to persons providing information to the Dept of Financial Services leading to the arrest and conviction of persons committing insurance fraud, including employers who illegally fail to obtain workers' compensation coverage.

Who is responsible for investigating insurance fraud in Florida? ›

The Bureau of Insurance Fraud investigates alleged acts of insurance fraud not categorized under workers' compensation fraud, including; licensee, healthcare, application, vehicle, homeowners, commercial, disability, arson, and life insurance fraud.

What are examples of homeowners insurance fraud? ›

lying about the extent, cause, date or location of damage. intentionally damaging property to make a claim. staging a phony burglary or vehicle break–in and faking the theft or damage of property. asking a repairman to "cover the deductible" by increasing their estimate or bill.

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