(Photo by Mitch Perry/Florida Phoenix)
Days after announcing she was leaving the Democratic Party, state House Republican leadership elevated Rep. Hillary Cassel to the post of vice-chair of the House Insurance and Banking Subcommittee.
The decision by House Speaker Danny Perez this week arguably now makes Cassel one of the most powerful voices on insurance and tort-related issues in the Legislature for the 2025 Session.
In an interview with the Florida Phoenix Friday, Cassel, a South Florida trial attorney, said she intends to focus on property insurance and revisiting the sweeping changes that the Legislature made in 2022 and 2023 — which, she said, have failed to lower insurance costs for homeowners or bring needed stability to the state’s brittle homeowners’ insurance market.
Cassel’s comments mirrored recent remarks by Perez, who said more work needs to be done on homeowners’ insurance to bring consumers relief.
“The reality is, consumers of Florida do not want their insurance bills written by insurance lobbyists and, by [my] switching parties, the Republican Party now has a voice that has always been consumer-focused while recognizing that we need a robust, available, and reliable insurance market,” Cassel said.
Some history
The Legislature met in a special session in December 2022 and passed SB 2A, which was championed by Gov. Ron DeSantis. The bill made significant changes to how lawsuits can be filed against insurance companies, including that a court must find breach of contract before a policyholder can sue a property insurer for bad faith based on how the company settled the claim.
The 2022 bill repealed the long-standing one-way attorney fee provisions related to property insurance claims, meaning each party is now responsible for its own attorney fees. Previously, Florida law allowed policyholders who successfully sued their insurance companies to recoup these costs. The bill prohibited the assignment of residential or commercial insurance policies to third parties like contractors.
During the 2023 session, the Legislature passed HB 837, which made another round of changes protecting insurers from bad faith lawsuits and limited attorney fees. HB 837 was championed by insurance and business lobbyists who blamed the soaring costs of insurance on non-meritorious lawsuits.
In addition, the Legislature set aside $3 billion in taxpayer dollars to insurance companies to help offset the costs of reinsurance, a move that lawmakers also thought would lower homeowners’ costs. Most of the money went unclaimed.
Getting the governor on board
“I think the focus has to be on finding ways to ensure consumers have access to the courts, which, quite frankly, they don’t have right now, to hold those insurance companies accountable but finding what the right balance is. And now I have the ability to be at the table to have those conversations to figure out what the balance is,” Cassel said.
While there’s enthusiasm in the House for action, any changes would need to be embraced by the Senate and perhaps more importantly DeSantis.
“We’re going to have to get the governor on board,” she acknowledged. “If you want to connect with people, you’ve got to deliver for the people.”
Other Republicans, notably President-elect Donald Trump, also have been critical of the changes made to Florida’s insurance laws. Trump himself called it a bailout when DeSantis was challenging him during the Republican presidential primary. In recent months, former U.S. Rep. Matt Gaetz, who has been floated as a possible 2026 contender for governor, also faulted the Legislature for making changes sought by the insurance industry.
In addition to being elevated to vice chair in Banking and Insurance, Cassel sits on the House Judiciary Committee. It’s the first time the attorney legislator has served on the powerful committee.
What about PIP?
While property insurance is her top priority, it’s not the only issue that will come before the subcommittee during the 2025 session.
The Florida Justice Association, representing trial attorneys, has in the past targeted for elimination the personal injury protection (PIP) mandate for automobile insurance. Every Florida driver is required to carry PIP coverage to legally drive in Florida.
PIP is a no-fault system that pays 80% of medically necessary care up to $10,000, 60% of lost wages, and a $5,000 death benefit.
There is no recovery for pain and suffering in PIP, a reason trial attorneys have opposed the mandate.
“PIP’s been an issue for years in the Legislature. Is this the year that we solve it? I don’t know. Last year, we solved an 18-year battle between the mortgage companies and the credit unions. Who’s to know what this year has in store? But PIP has always been a hot topic.”
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