Lawmaker calls for Citizens Insurance investigation

RUSKIN, Fla. – Nicholle Kvocka of Ruskin discovered her Citizens Insurance policy included fine print that denied her the right to sue in court. When fire damage to her home occurred during Hurricane Helene, Citizens declined to cover it. 

The dispute was sent to Florida’s Division of Administrative Hearings (DOAH), where Kvocka said the ruling went against her despite engineers confirming fire damage occurred. 

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What we know:

Attorney Christopher Fauntleroy, representing the Kvockas and other Citizens policyholders, said homeowners rarely prevail in DOAH. Under a 2023 law, Citizens can channel disputes into this administrative process, where judges and their staff who hear the disputes are funded by the insurer itself. 

Losing homeowners may also be responsible for Citizens’ legal fees.

What we don’t know:

The outcome of the federal investigation requested by U.S. Rep. Frost is still pending. 

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The other side:

Citizens Insurance and state officials have defended the DOAH process as a method to streamline disputes and reduce costs. Proponents argue administrative hearings can resolve claims faster than traditional courts, though homeowners say the process is confusing and opaque.

What’s next:

Citizens ability to direct cases to DOAH is facing a legal challenge. A judicial stay currently prevents Citizens from sending more disputes to DOAH while a final ruling is pending. 

The outcome will determine how state-run insurance disputes are handled in Florida.

The Source: This report is based on state documents, interviews with homeowner Nicholle Kvocka and attorney Christopher Fauntleroy, and investigative reporting by Fox 13’s Craig Patrick.

Hillsborough CountyHousingHurricane HeleneFOX 13 Investigates