VERO BEACH, Fla. — A new WPTV investigation reveals a lawmaker questioned whether Citizens Property Insurance had the statutory authority to force policyholders with claim disputes into arbitration, a process that pushes policyholders out of court and into a private process decided by a single judge.
WATCH BELOW: 'I don't think it's constitutional at all,' attorney Aaron Bass tells WPTV's Kate Hussey
It's an issue WPTV has continued reporting on for months, after Citizens Property Insurance added this arbitration clause two years ago. Our previous investigation found those judges are paid by Citizens, uncovering a contract between Citizens and the state's Division of Administrative Hearings (DOAH) allowing Citizens to use administrative law judges for about $250,000 a year.
The agreement confirms Citizens funds judges' salaries but can't choose who is hired or set individual pay.
"Wow, really? No wonder. Aw, man. That's just not fair. That's wrong. I'm sorry. It's wrong," Gloria Nitch said.
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Gloria and Jason Nitch of Vero Beach say they had no idea when they filed a claim for Hurricane Milton damage that Citizens added an arbitration clause in their policy in February 2023, stripping their right to a jury trial and forcing them in front of a single judge paid by Citizens.
"And we can't win. How you supposed to win? We didn't know when we signed up," Jason Nitch said.
Investigative Reporter Kate Hussey read through a full year of Citizens cases from May 2024 to May 2025. Of the cases that reached a final hearing, judges ruled in favor of Citizens in 99% of them. Attorney after attorney questioned how that's legal.
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"I don't think it's constitutional at all," attorney Aaron Bass said.
"I mean, the statistics speak for themselves," attorney Joey Padilla said.
"It can't be a fair process," attorney Meredith Truen said.
A Hillsborough County Circuit judge agreed, halting Citizens arbitration cases for about three months while a higher court considered whether the system is constitutional.
Now, emails Hussey obtained through a public records request show these concerns were raised before the clause ever appeared in policies.
The April 26, 2023 email, sent by Citizens' director of legislative and cabinet affairs, responds to questions from Vero Beach state Senator Erin Grall.
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The email shows the senator questioned whether the clause violates policyholders' constitutional right of access to courts, could expose them to additional attorney fees, and whether Citizens even has the statutory authority to enforce arbitration at all.
"What does that say if local lawmakers are off the bat — before this bill even passed — questioning this?" Hussey asked Bass.
"I think what it shows is that they're aware of the political ramifications of this that is coming," Bass said.
Bass currently represents neither Citizens nor its policyholders but wasn't surprised to see the emails.
"A smart person who's in the legislature, it shows that they're aware that the chickens are going to come home to roost one day, and what's going to happen at the ballot box?" Bass said.
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In the email, Citizens' then-chief legal officer Ricky Polston told Senator Grall the "constitutional right to courts" doesn't apply to Citizens policyholders since the company was created after Florida's 1968 Declaration of Rights, which grants Floridians the right to a trial by jury.
He also said arbitration won't affect attorney fees and that Citizens has legal authority to enforce it because of a bill the state legislature passed in 2022.
I reached out to both Grall and Polston, who has since resigned from his position at Citizens. Neither returned my calls or emails. Citizens hasn't yet commented but in past investigations defended arbitration, citing faster resolutions and a lower cost for taxpayers.
Because of a recent Leon County Judge ruling, arbitration cases have resumed. However, an appellate court is still deciding if the process is constitutional. A bill introduced this session would have forced all policyholders — regardless of insurance company — into arbitration too, but it died before passing.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.