In Shakespeare’s play The Tempest, Antonio tries to convince Sebastian to murder his own father while he sleeps. This, so Sebastian can be king. Shakespeare’s phrase “What’s Past is Prologue” was intended to inform Sebastian that everything in their lives preceding that point was little more than an introduction, a prologue, to future rewards they will both experience if they proceed with the plan. It implied that everything prior lacks meaning because what stretches out before is a glorious and rewarding adventure.
Today the phrase has mutated somewhat and its new application is adopted herein. In the context of what I believe to be the worst insurance crisis in Florida’s history, Assignment of Benefits or AOB, the past is of monumental importance and should be studied, not only because it defines the present, but because it sets the stage for the future! In this sense, Shakespeare’s phrase simply means “those who do not learn from the past are destined to repeat it.”
For nearly three quarters of a century we’ve watched the greed of some trial lawyers create one litigation scheme after another. Sinkholes is just one good example. Florida’s infamous sinkhole alley is now gone. Not because sinkholes stopped occurring but because a law change limited the opportunity for frivolous litigation.
It’s not always that simple. When I came to the Florida Association of Insurance Agents (FAIA) from the Department of Insurance (today the OIR) in November of 1974, the insurance industry had just emerged from a battle with trial lawyers over auto No-Fault. Like the 2019 AOB fight, it was public, contentious and highly confrontational. In the end, the facts won out—motorists bought PIP coverage, liability rates went down, and trial lawyers went about undermining the new system that jeopardized their billable hours. Decades of legal and legislative skirmishes followed including another failed effort to repeal No-Fault during the 2019 legislative session. Today trial lawyers have so eroded No-Fault that some insurance companies want it repealed and trial lawyers want to keep it.
This cannot happen with AOB which not only threatened to send rates through the stratosphere and thousands of policyholders to a residual market, but directly impacted homeowners and their property. Too often AOB wrought unrepaired damage, undeserved liens, litigation threats and onsite intimidation from dishonest water firms, roofers, plumbers and public adjusters–each in cahoots with one of only a few dozen attorney firms. We must be vigilante in making sure the 2019 gains never erode. And, that starts with understanding why those gains were needed in the first place.
This book is AOB’s historical record laid out in hundreds of proof sources and Chapter Notes, and the 42 essays written between March 23rd , 2013 and June 2019. Read it. Use it as a reference. But, most of all… keep it handy for the inevitable day when it all starts to happen again.