In an ironic turn of events and a reflection of the times, trial lawyers are supporting the Republican candidate in a state House contest in the Tampa region while several Florida business groups are supporting the Democrat.
According to a story in the Tampa Bay Times, a significant portion of the plaintiffs' bar, which has traditionally supported Democratic candidates, is suddenly behind Republican candidate Danny Alvarez in his campaign for the House District 69 seat in southeast Hillsborough County. Additionally, Democratic incumbent state representative Andrew Learned has gained the support of business associations, probably as a result of his support for legislation that tries to curtail excessive insurance claim litigation.
In this year's special property insurance session of the Florida Legislature, Learned voted in favor of Senate Bill 76, SB 2D, and SB 4D. According to the newspaper, Learned has disclosed sizeable contributions from insurance companies, Associated Industries of Florida, and Publix grocery store chain, all of which have historically supported pro-business candidates.
According to the Florida Department of State's elections website, Learned has received donations recently from Allstate Insurance Company, Zurich American Insurance, Courtesy Insurance Company, the Committee for Florida Justice Reform, and the Committee of Florida Agents. Additionally, the Florida Democratic Party provided him with in-kind assistance, and the Communications Workers of America gave him cash support.
Since joining the House in 2020, Learned has stated that he somewhat agrees with the insurance industry's contention that claims litigation is overly prevalent in Florida and is a contributing factor in the increase in homeowners insurance premiums.
In a lengthy letter to constituents earlier this year, which was posted on his website, Learned said, "Last year, I broke with the majority of my party to vote for reforms in Senate Bill 76.
Without mentioning which amendment to SB 76 he was alluding to, he continued, "I had held my foot down on an issue I felt would penalize families who lost roofs in hurricanes-just as my once did-and could not afford to rebuild it." I ultimately succeeded in getting that safeguard included in the legislation, so I was confident in my decision to support it.
The representative claimed in the letter that some genuine claims are not paid, insurers are not blameless, and certain policyholders require competent legal representation. He also cited data showing that only 25 lawyers filed a third of the claims litigation in Florida.
He asserted that several of those attorneys, along with roofers, were on Alvarez's side. The Times was unable to contact Alvarez, a family law attorney in Tampa, for comment.
Alvarez reportedly received donations from a few trial lawyers as well as the Florida Justice Association, an organization that advocates for trial lawyers, according to the state elections website and the newspaper. Additionally, he has received checks from a bail bond and surety company in Tampa as well as in-kind support from the Florida Republican Party.
Additionally, according to a number of people Learned met, some of the worst offenders (insurers that underpaid insured) were ostensibly some of the same businesses that went bankrupt, as stated in the letter. I don't think it's too far-fetched to suppose that insurance companies that are about to go out of business tighten their belts in an effort to rescue the business, and in doing so, they either intentionally or unintentionally underpay some clients on their claims.
In addition to voting against legislation that would safeguard consumers and hold firms accountable in the insurance sector, lawyer Clif Curry of the Justice Association told the Times that Learned regularly puts "protecting business interests" ahead of the needs of the public.
The Times reported that Learned's campaign had received more than $300,000 in cash as opposed to Alvarez's $130,000 or so.
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