The legal battle over Citizens Property Insurance Corporation’s mandatory arbitration program has reached a critical turning point.
Earlier this month, Hillsborough County Circuit Judge Melissa Polo issued a sweeping order halting Citizens from forcing homeowners into the Division of Administrative Hearings (DOAH) arbitration process. The Court ruled that Citizens’ arbitration scheme likely violates due process and homeowners’ constitutional right of access to the courts.
The ruling came in a case involving Tampa homeowner Martin Alvarez, whose home sustained a covered loss. When he disputed Citizens’ payment, the insurer attempted to force his case into DOAH arbitration, a forum with strict deadlines, limited evidence discovery, and minimal judicial review. Judge Polo’s order stopped that process statewide, protecting thousands of policyholders.
Why This Matters
- Stacked Deck: DOAH arbitrations overwhelmingly favor Citizens. Policyholders face limited discovery and little chance of appeal.
- Constitutional Issues: The court found serious concerns with fairness, neutrality, and access to justice.
- Statewide Impact: The injunction initially froze all DOAH arbitrations, giving policyholders hope for fairer treatment.
The Appeal & New Order
Citizens quickly appealed, which automatically placed the injunction on hold. But now, in a new order dated August 21, 2025, Judge Polo lifted that automatic stay. This means no cases can proceed to DOAH while the appeals process plays out.
This is a major win for Florida homeowners. For the time being, Citizens cannot use its controversial arbitration clause to force disputes into DOAH. Instead, policyholders can pursue their claims in court with the full protections of due process.
Insurance Litigation Group (ILG) played a direct role in obtaining the temporary injunction that stopped DOAH proceedings across the state. Our attorneys are tracking every development in this fast-changing area of law and will continue fighting to protect the rights of Florida policyholders.
Bottom Line for Policyholders
- If Citizens tries to send your case into DOAH, know that the process is currently blocked statewide.
- The court’s ruling recognizes that policyholders deserve fair treatment and access to a neutral forum.
- ILG will keep pushing to make sure these constitutional protections remain in place, even after the appeal.
Stay tuned for updates, ILG is watching this issue closely and will continue to fight for Florida homeowners!
