TALLAHASSEE — After a homeowner argued the process was unconstitutional, a Hillsborough County circuit judge Friday blocked the state’s Citizens Property Insurance Corp. from using a controversial arbitration process to resolve disputed claims.
Judge Melissa M. Polo issued a temporary injunction to prevent Citizens from sending cases to arbitration at the state Division of Administrative Hearings instead of potentially facing civil lawsuits. Polo wrote that Tampa homeowner Martin Alvarez “demonstrated a substantial likelihood of success” on his arguments that the arbitration process violates part of the Florida Constitution designed to ensure access to courts.
“Plaintiff also established that he and similarly situated Citizens policyholders will suffer irreparable harm absent injunctive relief,” Polo wrote. “Specifically, enforcement of the arbitration clause at issue compels insureds (policyholders) into a forum that lacks neutrality, discovery, motion practice and meaningful judicial review.”…