HomeInsuranceFlorida lawmakers consider giving Citizens Insurance policyholders choice to opt out of...

Florida lawmakers consider giving Citizens Insurance policyholders choice to opt out of arbitration


Florida legislators are considering a billthat would give Citizens Insurance policyholders the option to choose between mandatory arbitration and jury trials, following months of criticism over the state-run insurer’s controversial dispute resolution process.

WATCH BELOW: ‘I’ve never seen odds so stacked against the policyholder,’ Ardalan Montazer tells WPTV’s Kate Hussey

The proposed legislation comes after an ongoing investigationrevealed that Citizens’ mandatory arbitration system forces homeowners out of traditional courtrooms and into a private process decided by a single arbitrator paid by the insurance company.

Gloria Nitch of Vero Beach discovered this limitation firsthand when her damage claim from Hurricane Milton was denied. She and her husband learned they couldn’t take their case to a normal courtroom.

“I didn’t know that,” Gloria Nitch said.

“It just seems inappropriate that my insurance company is paying the judge,” added Jason Nitch. “It’s unfair.”

WPTV’s investigationuncovered a contract showing Citizens pays the state about $250,000 per administrative law judge to make final decisions on their cases.

Emails we obtained through a public records request show a lawmaker questioned whether Citizens even had the legal authority for the policy before it took effect.

Our analysis of a full year of final hearing casesfound judges ruled in favor of Citizens in 99% of them.

“I’ve never seen odds so stacked against the policyholder,” said attorney Ardalan Montazer, who represents several homeowners fighting Citizens claims.

The bill moving through the legislature would give policyholders a choice between arbitration and jury trials.

“I think that’s better than what we have right now,” Montazer said. “If you have Citizens, you’re automatically trapped in this arbitration proceeding. If I had Citizens, and I was given the option and I choose that option, then it’s fair, right? But we don’t have that right now.”

Though Citizens declined to comment on the legislation, it defends the arbitration process, saying it’s faster and less expensive. The insurer notes that nearly 50 judges have rejected legal challenges to the process, and said since the reforms were put in place, about 1% of claims received by Citizens have been sent to DOAH arbitration.

The company also released the following statement, reading:

Citizens supports the DOAH process. It has been fairly and transparently resolving disputes associated with government entities for more than 50 years. Like all government entities that are subject to DOAH jurisdiction, Citizens pays for the service and administrative law judges are protected by statute against any outside influence.

In January, Governor DeSantis announced statewide rate decreases for more than 330,000 Citizens policyholders. The reductions would not have been possible without DOAH arbitration, which was a critical factor in setting 2026 Citizens rates.

However, last year a Hillsborough County judge questioned the arbitration process’s legality, saying the homeowner showed a strong case their right “to access the courts” was violated.

“So giving consumers a choice, an option, is the right thing to do, and that’s what Citizens has not been doing,” Montazer said.

The bill has been voted “favorable” by two House committees and awaits its next vote.

The legislative action comes as an appeals court continues to review the constitutional challengeto the arbitration system.

This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.



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