Florida Supreme Court Agreed to Review Insurance Arbitration Law

The court will weigh the constitutionality of a law mandating binding arbitration for state insurer policyholders.

Updated on Oct. 2, 2026 in Law

Bold flat-color editorial illustration of a solitary neoclassical column casting a sharp shadow, symbolizing judicial institutional review. — The Florida Supreme Court will review a 2023 law requiring state-backed property insurance policyholders to use binding arbitration for claim disputes. AI Illustration. Upload story photo >

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Should insurance companies be allowed to require policyholders to resolve disputes through mandatory binding arbitration?

On September 17, 2026, the Florida Supreme Court accepted jurisdiction in Citizens Property Insurance Corp. v. Victoria Quintana. The case challenges a 2023 law that requires policyholders of the state-backed insurer to use binding arbitration to resolve disputes.

Why it matters

The dispute centers on whether mandated arbitration limits policyholders' due process rights and access to jury trials, as the insurer argues the process reduces costs and speeds resolution compared to the traditional court system.

Citizens Property Insurance is the only Florida insurer permitted to mandate binding arbitration, with a $19.3 million fund supporting administrative judges who review approximately 320 claims monthly.

The players

Florida Supreme Court

This is the highest judicial authority in Florida that holds the power to interpret state laws and the state constitution.

Citizens Property Insurance Corp.

This is the state-created, tax-exempt insurer of last resort for Florida property owners who cannot obtain coverage in the private market.

Division of Administrative Hearings

This Florida government agency employs administrative law judges to conduct hearings and resolve disputes for various state departments.

Victoria Quintana

This individual is the named plaintiff in the legal challenge against the mandatory arbitration policy.

The details

An 11th Judicial Circuit judge previously ruled in May 2026 that the current arbitration mandate, which prevents policyholders from selecting arbitrators, raised significant impartiality concerns. The Florida Supreme Court is now set to review initial briefs from both sides before scheduling oral arguments.

2023: The Florida Legislature passed the law authorizing mandatory binding arbitration.
December 2024: Citizens finalized $19.3 million in funding for the arbitration program.
May 2026: An 11th Judicial Circuit judge ruled the process raised impartiality concerns.
September 17, 2026: The Florida Supreme Court accepted jurisdiction of the case.
October and November 2026: The court will receive initial case briefs.

Political Context

The case forces a confrontation between the state's efforts to streamline massive insurance litigation dockets and the constitutional right to seek redress in a jury trial. Critics argue this system prioritizes administrative speed over fundamental due process.

Current Citizens policyholders are subject to mandatory arbitration through the Division of Administrative Hearings, which currently restricts their ability to select arbitrators during claim disputes. A future court ruling could restore the right to traditional jury trials or uphold the current administrative framework.

The takeaway

The court's decision will establish a significant precedent for whether state-backed insurers can legally bypass traditional judicial remedies. Residents should monitor this case to understand if their right to choose court-based litigation in insurance disputes will be preserved.