Citizens Insurance’s diversion of cases to arbitrator unconstitutional, federal lawsuit alleges
A new federal lawsuit asserts that state-owned Citizens Property Insurance Corp.’s ability to divert claims disputes to state arbitrators is unconstitutional and must be stopped.
The complaint, filed on July 10 in U.S. District Court in Miami, seeks to prohibit the so-called insurer of last resort from enforcing a binding arbitration clause that the complaint says violates the due process and equal protection clauses of the Fourteenth Amendment of the United States Constitution.
In 2022, Citizens obtained approval from the Office of Insurance Regulation, and later from the Florida Legislature, to add a provision to all of its new and renewing policies allowing either Citizens or policyholders to move any claims disputes away from court and into binding arbitration.
Since 2024, more than 1,300 disputes have been submitted to the state Division of Administrative Hearings (DOAH), which employs administrative law judges who preside over the cases, the division’s website shows.
But attorneys for plaintiffs say that it’s nearly always Citizens that refers disputes to arbitration, and a budget request approved last December by the company’s board of governors shows that Citizens plans to spend up to $19.3 million to have DOAH settle 320 cases a month through 2027.