Common use of Understanding the Unique Nature of Citizens Property Insurance Corporation Clause in Contracts

Understanding the Unique Nature of Citizens Property Insurance Corporation. A thorough understanding of the unique nature of Citizens is critical to effective representation of Citizens.‌ Citizens is a governmental entity and an integral part of the state under section 627.351 (6), Florida Statutes. It is not a private insurance company. Its Board of Governors is appointed by the State’s Governor, Chief Financial Officer, Senate President and House Speaker. It is subject to the chapter 119 public records law and record retention requirements. It does follow chapter 286, Florida Statutes, and sunshine law requirements. Citizens’ enabling statute grants immunity for all causes of action against Citizens, as follows: There shall be no liability on the part of, and no cause of action of any nature shall arise against, any assessable insurer or its agents or employees, the corporation or its agents or employees, members of the board of governors or their respective designees at a board meeting, corporation committee members, or the office or its representatives, for any action taken by them in the performance of their duties or responsibilities under this subsection. Such immunity does not apply to: 1.4.1. Any of the foregoing persons or entities for any willful tort; 1.4.2. The corporation or its producing agents for breach of any contract or agreement pertaining to insurance coverage; 1.4.3. The corporation with respect to issuance or payment of debt; 1.4.4. Any assessable insurer with respect to any action to enforce an assessable insurer’s obligations to the corporation under this subsection; or 1.4.5. The corporation in any pending or future action for breach of contract or for benefits under a policy issued by the corporation; in any such action, the corporation shall be liable to the policyholders and beneficiaries for attorney’s fees under s. 627.428.

Understanding the Unique Nature of Citizens Property Insurance Corporation. A thorough understanding of the unique nature of Citizens is critical to effective representation of Citizens.‌ Citizens. Citizens is a governmental entity and an integral part of the state under section 627.351 (6), Florida Statutes. It is not a private insurance company. Its Board of Governors is appointed by the State’s Governor, Chief Financial Officer, Senate President and House Speaker. It is subject to the chapter 119 public records law and record retention requirements. It does follow chapter 286, Florida Statutes, and sunshine law requirements. Citizens’ enabling statute grants immunity for all causes of action against Citizens, as follows: There shall be no liability on the part of, and no cause of action of any nature shall arise against, any assessable insurer or its agents or employees, the corporation or its agents or employees, members of the board of governors or their respective designees at a board meeting, corporation committee members, or the office or its representatives, for any action taken by them in the performance of their duties or responsibilities under this subsection. Such immunity does not apply to: 1.4.1. Any of the foregoing persons or entities for any willful tort; 1.4.2. The corporation or its producing agents for breach of any contract or agreement pertaining to insurance coverage; 1.4.3. The corporation with respect to issuance or payment of debt; 1.4.4. Any assessable insurer with respect to any action to enforce an assessable insurer’s obligations to the corporation under this subsection; or 1.4.5. The corporation in any pending or future action for breach of contract or for benefits under a policy issued by the corporation; in any such action, the corporation shall be liable to the policyholders and beneficiaries for attorney’s fees under s. 627.428.