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New lawsuit filed against Florida's insurance commissioner, turns up heat on state's issues

Court filing looks to reverse recent policy change
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WEST PALM BEACH, Fla. — A new lawsuit is now targeting Florida's insurance commissioner in the latest development in the state's ongoing homeowners insurance crisis.

The suit was filed in Leon County by the Restoration Association of Florida (RAF) and a contractor, Air Quality Assessors.

It looks to reverse a policy change recently enacted.

Florida Insurance Commissioner Dana Altmaier is named in the suit.

According to the lawsuit from the RAF, the change violated public policy by allowing, "American Integrity Insurance Company of Florida and Heritage Property & Casualty Insurance Company to change consumers' insurance policies. Those changes restricted homeowners' rights regarding repair work and violated Florida's Homeowner Claims Bill of Rights."

Richie Kidwell, Restoration Association of Florida president
Richie Kidwell explains what spurred him to file the lawsuit against Florida's insurance commissioner.

Richie Kidwell, the president of RAF, said the change can adversely impact homeowners.

"It would cut away the access that homeowners have to be reimbursed for prevailing party fees, so if they hire a lawyer, it would be out of their own pocket," Kidwell said. "So, somebody with $10,000 indemnity coming back to them, they would have to pay the majority of that portion to an attorney instead of fixing their home."

So far, there's been no comment from the Florida Office of Insurance Regulation.

State lawmakers will meet Monday in a special session to look at ways to curb soaring premiums and policy cancellations for homeowners.