At Insurance Trial Lawyers, we are thrilled to announce a significant victory for Florida homeowners. A recent ruling by Hillsborough County Circuit Judge Melissa Mary Polo has put a stop to Citizens Property Insurance Corporation's mandatory arbitration program, which we argued was a violation of the constitutional rights of policyholders. This is a landmark decision that restores the right of every citizen to have their day in court.
For too long, Citizens has been forcing its policyholders into a binding arbitration process that heavily favored the insurance company. This program, held in the Division of Administrative Hearings (DOAH), was presented as a way to expedite claims, but in reality, it stripped homeowners of their fundamental rights. The process was plagued with compressed timelines, restricted discovery, and limited avenues for judicial review, creating an unfair system that was stacked against the policyholder.
We are proud to have represented Martin A. Alvarez, a Tampa homeowner who was forced into this unfair process after his property sustained a covered loss. When Mr. Alvarez disputed the amount of his claim, Citizens invoked its mandatory arbitration provision, forcing him into a proceeding in Tallahassee, far from his home and a local jury. We argued that this was a violation of his constitutional right of access to the courts, as guaranteed by the Florida Constitution.
Judge Polo agreed, granting a statewide temporary injunction that halts the enforcement of Citizens' arbitration program. In her order, the judge found a "substantial likelihood of success" for our constitutional claims, a major step toward vindicating the rights of all Florida homeowners. The court recognized the irreparable harm that policyholders face when forced into a biased arbitration process, and this ruling ensures that every citizen has the right to a fair and impartial hearing.
This is a huge win for Florida policyholders. It puts an end to a system that was designed to be unfair and restores the balance of power between the homeowner and the insurance company. We are honored to have played a role in this important victory and will continue to fight for the rights of every citizen to receive the fair and just treatment they deserve.
If you are a Citizens policyholder who has been affected by this unconstitutional arbitration program, we encourage you to contact us. We are here to help you understand your rights and to ensure that your voice is heard.
