Ben Bortner, Founder of Slack Water Capital, said that frivolous lawsuits increase costs for the public and that Florida's recent litigation reforms are beginning to ease auto and homeowners insurance rates. The statement was made on X.
"The plaintiff's lawyers were from one of those big personal injury law firms you see advertising on TV—sharp, polished, and clearly fishing for jurors who don't understand how personal injury lawsuits work and how frivolous lawsuits hurt society," said Bortner. "Only 2 of us raised our hands out of 30. Frivolous suits drive up the cost of living for everyone. We are already starting to see the benefits of the reform that has taken place with Florida auto and homeowners insurance rates set to decline in 2026."
Florida House Bill 837, signed into law on March 24, 2023, introduced significant changes including a shortened statute of limitations, a shift from pure to modified comparative negligence, stricter bad-faith standards, and tighter evidence rules for medical expenses. According to insurers and reform advocates, the law serves as a model for curbing lawsuit abuse and stabilizing insurance markets nationwide. Legal and industry commentary describes HB 837 as a tool to limit "phantom" damages and excessive litigation, positioning Florida as a potential template for states grappling with rapidly rising premiums.
A Milliman white paper from August 2025 reports that following HB 837's enactment, major Florida auto insurers filed for personal-auto rate decreases of approximately –10.5% at GEICO, –8.1% at Progressive, and –6% at State Farm. The analysis also notes a shift in overall filings from average rate increases of about +21% in 2023 to a projected +0.2% for 2025 in the state's auto market. Milliman interprets these changes as evidence that insurers expect litigation-driven loss costs to decline under the new law.
TransRe reports that before HB 837, Florida generated 8% of U.S. homeowners’ insurance claims but accounted for 76% of lawsuits in that line of business. Following the reform, the state’s ranking for "nuclear verdicts" fell from #2 to #10 nationally, and homeowners’ rate filings reportedly declined by about 5.6% statewide. Insurers attribute these shifts largely to the new litigation environment, presenting Florida’s experience as a benchmark for other large states confronting steep premium increases.
Bortner is the Founder and Managing Partner of Slack Water Capital with 16 years of experience investing in and operating service-oriented businesses. He also serves as CEO of GreenWorks Landscape Partners and previously acquired and scaled The Pool Man of Key West before exiting in 2022. His background includes investment-analysis roles at value-focused firms, and he holds the Chartered Financial Analyst (CFA) charter along with accounting and finance degrees from Western Washington University.