Signing a document with a miniature house on a table

“We’ve seen capital return to the market, along with new carriers, MGAs, and products. It’s a transitioning market with a lot of softening right now”

Johnny Tolland, Amwins Brokerage

“The casualty market is significantly constricting, largely due to the rise in large jury verdicts”

Diana Latiff, Amwins Brokerage

“You need to make sure you’re working with a wholesale broker who is not asking insurance companies for a ‘one shop, one type’ of approach. You need to look at each account on its own”

Corey Alison, Amwins Brokerage

“We are here to advocate. When things go wrong, we’re here to support you, to back you in getting your claim over the line”

Jason Kunert, Amwins

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Legal shifts impacting real estate insurance

Recent tort reform is helping property owners push back against excessive litigation, offering relief in an otherwise volatile property & casualty market. Amwins specialists break down these key changes

Read on

Jason Kunert

Amwins

Corey Alison

Amwins Brokerage

Johnny Tolland

Amwins Brokerage

Diana Latiff

Amwins Brokerage

Industry experts

Recent legal changes and tort reforms are causing ripples across the real estate insurance market, reshaping how property owners, retailers, and brokers approach risk and coverage. In a recent roundtable hosted by Amwins, a group of insurance specialists weighed in on how these developments affect both the casualty and property sectors, and why the role of wholesale brokers is becoming more critical than ever.

Florida reforms offer glimpse of progressFlorida’s insurance market, long plagued by high litigation rates and limited capacity, is beginning to show signs of recovery. Johnny Tolland, executive vice president and Florida property practice leader at Amwins, noted the significance of tort reforms enacted between 2022 and 2023.

Amwins is the largest independent wholesale distributor of specialty insurance products in the US, dedicated to serving retail insurance agents by providing property and casualty products, specialty group benefits, and administrative services. Based in Charlotte, NC, the company operates through more than 138 offices globally and handles premium placements in excess of $44.5 billion annually.

Jason Kunert is executive vice president, head of claims. Joining Amwins in 2024, he is the first to serve in the newly created role. He brings more than 30 years of insurance industry experience to Amwins. He previously worked in claims leadership roles for organizations including Hiscox USA, RLI Insurance, and Scottsdale Insurance Company. Kunert graduated from Grand View University in Des Moines, Iowa, where he was a member of the basketball and golf teams. Kunert, with his wife and two children, enjoys traveling and outdoor activities such as hiking and golf.

Amwins

Jason Kunert

Corey Alison serves as executive vice president and national real estate practice leader – casualty at Amwins Insurance Brokerage in Atlanta, where he leads the firm’s casualty strategy for real estate clients nationwide. With over two decades at Amwins, Alison has built a reputation for crafting innovative solutions for complex risks, particularly in challenging sectors like multi-family housing and low-income developments. A Georgia native, Alison is deeply attuned to the state’s unique legal and insurance challenges. He has been a vocal advocate for meaningful reforms to address the increasing scrutiny from carriers wary of the state’s legal environment.

Amwins Brokerage

Corey Alison

Johnny Tolland serves as executive vice president and Florida property practice leader at Amwins Insurance Brokerage and sits in the Delray Beach office. With over 15 years of experience, he specializes in property, delivering tailored risk solutions to a diverse clientele. Tolland has been instrumental in expanding Amwins’ presence in the Southeast region, fostering strong relationships with carriers and clients. His strategic approach and commitment to excellence have contributed significantly to the company’s growth and reputation in the market. Tolland holds a degree from the University of Florida, where he developed a foundation in business and finance.

Amwins Brokerage

Johnny Tolland

With over 35 years in E&S, Diana Latiff brings seasoned expertise and sharp strategy to her role as executive vice president and branch leader at Amwins Insurance Brokerage. Based in Jericho, New York, she leads a powerhouse team known for tackling complex risks and delivering standout results for clients nationwide. Latiff’s specialty areas include large, loss-sensitive property and casualty risks, specifically in construction and real estate, where her deep industry knowledge and hands-on approach consistently move the needle. She founded and grew ARS-Latiff, a successful woman-owned wholesale brokerage. In 2019, she guided the firm into a strategic partnership with Amwins.

Amwins Brokerage

Diana Latiff

In Partnership with

Fighting for the customer

The customer owned a bank saw a huge boost after the Hayne Royal Commission. One year on and their market share is growing as customer continue to see their value.

Read on

Christopher Lee

MFAA head credit adviser, Finsure Finance and Insurance

Stewart Saunders

Heritage Bank

Darren McLeod

Beyond Bank

Fernando Lemos

Bank Australia

Industry experts

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Bank Australia

Fernando Lemos

Beyond Bank

Darren McLeod

Heritage Bank

Stewart Saunders

MFAA head credit adviser, Finsure Finance and Insurance

Christopher Lee

In Partnership with

Fighting for the customer

The customer owned a bank saw a huge boost after the Hayne Royal Commission. One year on and their market share is growing as customer continue to see their value.

Read on

Christopher Lee

MFAA head credit adviser, Finsure Finance and Insurance

Stewart Saunders

Heritage Bank

Darren McLeod

Beyond Bank

Fernando Lemos

Bank Australia

Industry experts

Beyond Bank

Darren McLeod

Heritage Bank

Stewart Saunders

MFAA head credit adviser, Finsure Finance and Insurance

Christopher Lee

Bank Australia

Fernando Lemos

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Published June 16, 2025

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Senate Bill 2A eliminated one-way attorney fees for policyholders in property insurance disputes, reducing litigation incentives, and banned the transfer of insurance claim benefits to third parties, limiting contractors from suing insurers directly. It also established a Reinsurance to Assist Policyholders (RAP) Program, providing $1 billion in reinsurance support to insurers to stabilize the market. House Bill 837, enacted several months later, shortened the statute of limitations for filing property insurance claims from three years to one year and introduced a 90-day safe harbor period for insurers to settle claims, reducing frivolous lawsuits. This bill also shifted the comparative negligence system from a “pure” to a “modified” system, barring plaintiffs from recovering damages if found more than 50 percent at fault, and limited the use of attorney fee multipliers. The changes aimed to reduce excessive litigation, attract private insurers back to the state, and slow down the increase in homeowners’ insurance premiums. “At one time, Florida accounted for just 9 percent of home insurance claims but 79 percent of home insurance litigation nationwide,” said

Casualty market feels the pressure of litigationThe casualty side is facing its own set of pressures. Dana Latiff, executive vice president of casualty at Amwins, highlighted how social inflation and litigation funding are straining the system.

As a result, insurance costs are increasing while coverage is shrinking, the Amwins specialist said. Many carriers are applying sub-limits or excluding key coverage areas entirely, including assault and battery, sexual abuse, and firearms liability. “The casualty market is significantly constricting, largely due to the rise in large jury verdicts,” Latiff said. “We’re also seeing third-party financing of lawsuits, which inflates legal costs and adds pressure across the board.” As a result, many carriers are tightening terms, applying

sub-limits, or excluding critical exposures altogether, particularly assault and battery, sexual abuse, and firearms liability.

Tort reforms target social inflationCorey Alison, executive vice president and national real estate practice leader, casualty at Amwins, discussed ongoing tort reform efforts across multiple states and their potential to rebalance the legal environment. “We’re seeing positive legislative moves in states like Mississippi, Florida, and Georgia aimed at reducing runaway litigation,” Alison said.

He cited Mississippi’s Landowners Protection Act and Florida’s House Bill 837, which offer litigation protection to property owners who implement certified crime prevention measures. In Georgia, Senate Bills 68 and 69 target inflated jury awards and litigation funding practices. Key measures include limiting premises liability for property owners, allowing evidence of actual medical costs instead of inflated bills, restricting arbitrary damage suggestions in court, permitting seatbelt evidence in auto cases, and introducing bifurcated trials to separate liability and damages phases. The reforms in Georgia also regulate third-party litigation funding and eliminate double recovery of attorney fees. Although it’s too early to gauge the full impact of these reforms, Alison remains hopeful. “We believe these reforms will have a positive impact moving forward,” he said.

Rising verdicts continue to drive costsJason Kunert, executive vice president and head of claims at Amwins, pointed to the impact of nuclear verdicts, or jury awards of $10 million or more. The knock-on effect of these outsized awards is that even lower-tier settlements are becoming inflated, impacting the overall performance of casualty portfolios. “Smaller losses make up a significant percentage of the claims in a casualty book,” Kunert said. “When those claims consistently settle for slightly larger dollar amounts, it can represent large percent increases that, when spread across the book, can have a material impact.” Kunert also highlighted Georgia’s new laws, explaining how they aim to shift legal responsibility back onto perpetrators and away from property owners who often find themselves on the hook in civil litigation. This change could reduce the financial exposure for premises owners involved in criminal incidents, he said.

Freddie Mac changes and other legal movementsBut while Georgia, Florida, and Mississippi may be gaining ground, other states remain behind the curve. Latiff pointed to New York as a state where outdated labor and liability laws continue to pose challenges for landlords and contractors. However, she expressed hope New York might soon take cues from states enacting reforms. Alison added that even in reforming states, timing remains a factor. “It’s encouraging, but real change will take time to materialize in terms of reduced claims costs and improved coverage terms,” he noted.

Another legal shift impacting the property market comes from Freddie Mac’s updated lending requirements. The mortgage giant now requires coverage for firearms, abuse, and assault and battery to be included in lending-related policies, a tall order in a market where such coverages are increasingly excluded. “There are some imperfect solutions: active assailant coverage, separate monoline abuse policies, MGAs offering firearm sublimits,” Alison said. “But brokers must work closely with clients to understand what coverage is actually being provided. It’s not always an exact replacement for a domestic policy with no exclusions.”

Alison added that even in reforming states, timing remains a factor. “It’s encouraging, but real change will take time to materialize in terms of reduced claims costs and improved coverage terms,” he noted. Another legal shift impacting the property market comes from Freddie Mac’s updated lending requirements. The mortgage giant now requires coverage for firearms, abuse, and assault and battery to be included in lending-related policies, a tall order in a market where such coverages are increasingly excluded. “There are some imperfect solutions: active assailant coverage, separate monoline abuse policies, MGAs offering firearm sublimits,” Alison said. “But brokers must work closely with clients to understand what coverage is actually

Working with Amwins to navigate fast-changing marketIn today’s transitioning property & casualty insurance market, brokers must balance price, product, and clients’ risk tolerance more carefully than ever. Alison stressed that brokers must take a tailored approach to each account rather than seeking one-size-fits-all solutions. “You need to make sure you’re working with a wholesale broker who is not asking insurance companies for a ‘one shop, one type’ of approach,” Alison said. “You need to look at each account on its own.”

Wholesaler brokers can be a critical source of support in this environment. As true specialty distributors, Amwins delivers deep market access, product knowledge, underwriting creativity, and claims advocacy that empower retail brokers to provide real value to their real estate clients. Kunert, who leads a dedicated team of seasoned claim advocates with decades of carrier-side experience, stressed that Amwins is a strong and steady partner from placement to claim. “We are here to advocate,” he said. “When things go wrong, we’re here to support you, to back you in getting your claim over the line.”

1. Mississippi – Senate Bill 2911 (March 2019) Landowners Protection Act Limits property owner liability unless directly responsible Plaintiffs must show a 3-year history of violent atmosphere to proceed 2. Florida – House Bill 837 (March 2023) Crime prevention certification requirement Aims to protect owners from excessive verdicts Requires security measures (e.g., lighting, surveillance, fencing) for liability protection 3. Georgia – Senate Bills 68 & 69 (April 2025) SB 68 – Jury & damages reform Prohibits “anchoring” (inflated benchmark figures) Addresses “phantom damages” (only shows real, adjusted medical costs) Shields owners when injuries occur during criminal activity SB 69 – Litigation funding reform Requires third-party litigation funders to register with the state for transparency

Tort reform by state

Tolland. “Since then, we’ve seen capital return to the market, along with new carriers, MGAs, and products. It’s a transitioning market with a lot of softening right now.” Tolland attributed this shift to deliberate legislative changes that targeted issues like excessive litigation and insurer insolvency. “To create and maintain a healthy insurance marketplace, reforms are necessary to address rising premiums and unsustainable losses,” he added.

A jury award exceeding $10M Common in personal injury, wrongful death, and product liability cases Affects industries like trucking, healthcare, and construction Average award (as of 2023): $21M

Definition:

What is a nuclear verdict?

For more information on the real estate insurance market or assistance with an account, reach out to your Amwins broker. If you don’t have a contact at Amwins, complete this form to be connected with a specialist.