Declarations

Asbestos Ruling

“We hold that the Act cannot constitutionally be so applied and return the cases to the trial court for consistent proceedings.”

—The Florida Fourth District Court of Appeal ruled, stating that the Florida Asbestos and Silica Compensation Fairness Act cannot be retroactively applied to prejudice or defeat causes of action already accrued and in litigation. The court confirmed that plaintiffs are correct in their assertion that before the act was enacted Florida law recognized a cause of action for damages arising from the disease of asbestosis without any permanent impairment or the presence of cancer.

Alabama Prepares

“We entered into an increased period of activity in 1995 and should see above average seasons — 10 storms or more — for the next 20 years. More activity means a higher probability of getting hit with a major category hurricane.”

—Alabama Emergency Management Agency Director Brock Long., commenting on the beginning of the 2008 hurricane season after a three-year respite from a major hurricane hitting the Gulf Coast.

Citizens Extended

“Citizens is getting deeper in the hole. They clearly don’t have the money now to pay its claims if we have a hurricane.”

—Sam Miller, vice president of the Florida Insurance Council, an industry group, after Florida’s governor signed homeowners insurance legislation in Florida that extends for another year a rate freeze for the 1.2 million customers of state-backed Citizens Insurance whose premiums in some cases are already below private market rates.

Allegations of Abuse

“These defendants had no knowledge of alleged prior bad acts of Father McAllister.”

—Attorney Joseph M. Farrell Jr., lawyer for the Key and Kiwanis clubs, disputing sexual abuse allegations a West Virginia teen made against the Roman Catholic Diocese of Wheeling-Charleston. The teen included Farrell’s clients, the Key Club chapter of West Virginia in the suit, alleging that an organization overseeing the Key Club allowed McAllister to return after receiving at least one report that he had inappropriate contact with a minor.

Tight Underwriting

“We always prefer underwriting solutions to rate increases; it’s better for our customers.”

—Donna Fortuna, president of First Guard said after the Venice, Fla.-based truck insurer reduced driver error claims by 25 percent through underwriting improvements. After observing an upward spike in claims during the fourth quarter of 2007, First Guard focused attention on specifically reducing the number of claims attributable to driver error. These types of claims average over $10,000 per incident, Fortuna added.

Topics Florida Claims Hurricane