Nassau FL Administrative law, Business and Insurance Lawyers -- eLawyers

09-003944RU COVENTRY FIRST, LLC vs OFFICE OF INSURANCE REGULATION AND FINANCIAL SERVICES COMMISSION (2009)

Division of Administrative Hearings, Florida Filed: Jul. 22, 2009

The issue is whether the guidelines set forth in the Specialty Product Administration Field Examination Policy Procedures (SPA Field Exam Policy), Viatical Settlement Provider Examination Manual (VSP Manual), Viatical Settlement Provider Examination Procedures (VSP Exam Procedures), and notice-of- examination letters constitute agency statements defined as rules but not adopted as such, in violation of Section 120.54, Florida Statutes.Petitioner did not show that Respondents' engagement letters and training manuals were unpromulgated rules.

05-000159RP GOLDEN RULE INSURANCE COMPANY vs DEPARTMENT OF FINANCIAL SERVICES, OFFICE OF INSURANCE REGULATION (2005)

Division of Administrative Hearings, Florida Filed: Jan. 21, 2005

Whether the proposed amendment to Florida Administrative Code Rule 69O-149.041 constitutes an invalid exercise of delegated legislative authority.The proposed amendment to Florida Administrative Code Rule 69O-149.041 is an invalid amendment within the requirements of Subsection 120.52(8), Florida Statutes.

02-001657 JOHN DEERE INSURANCE COMPANY vs DEPARTMENT OF INSURANCE (2002)

Division of Administrative Hearings, Florida Filed: Apr. 26, 2002

Whether the Department of Insurance (Respondent) properly determined that John Deere Insurance Company, now known as Sentry Select Insurance Company (Petitioner), realized excessive profits pursuant to Section 627.215, Florida Statutes, for the calendar/accident years 1995, 1996 and 1997 in the amount of $571,197.00.Section 627.215(14), Florida Statutes, prohibits Department of Insurance from considering Petitioner`s commercial property and casualty experience in determining Petitioner`s excessive profits.

02-002112RU PRIMERICA LIFE INSURANCE COMPANY vs DEPARTMENT OF INSURANCE (2002)

Division of Administrative Hearings, Florida Filed: May 20, 2002

This is a proceeding pursuant to Section 120.56(4), Florida Statutes, in which the Petitioner, Primerica Life Insurance Company ("Primerica" or "Petitioner"), seeks a determination that five statements contained in letters issued by the Department of Insurance ("Department" or "Respondent") are violations of Section 120.54(1)(a), Florida Statutes.Agency statements were not generally applicable; thus not "Rules." Also, rulemaking was not feasible.

01-003015 JOHN DEERE INSURANCE COMPANY vs DEPARTMENT OF INSURANCE (2001)

Division of Administrative Hearings, Florida Filed: Jul. 25, 2001

Whether Petitioner realized unlawful excess profits, and if so, in what amount.Petitioner maintained it could combine its commercial property and liability insurance with its workers` compensation and employer`s liability insurance when calculating excess profits. Only workers` comp and employer`s may be combined.

98-002132 PROTECTIVE LIFE INSURANCE COMPANY vs DEPARTMENT OF INSURANCE (1998)

Division of Administrative Hearings, Florida Filed: May 05, 1998

Whether Petitioner should be granted a forty percent rate increase on specific cancer insurance policies.Petitioners showed that they were entitled to a rate increase.

97-003479RX GUARANTEE TRUST LIFE INSURANCE COMPANY vs DEPARTMENT OF INSURANCE (1997)

Division of Administrative Hearings, Florida Filed: Jul. 25, 1997

Whether petitioner has standing to challenge Rule 4-154.106(8)(c), Florida Administrative Code, pursuant to Section 120.56, Florida Statutes? If so, whether the rule is an invalid exercise of delegated legislative authority? Whether either party is entitled to attorney's fees?Agency testified it would not apply rule to petitioner; proceeding dismissed for lack of standing.

96-003553RU PERRY A. MCMAHON AND GEOFFREY COX vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Jul. 25, 1996

As provided in the notice of hearing, the issues for disposition in this proceeding are whether agency statements within a memorandum and notice of Final Executive Order issued by the Department of Environmental Protection on July 5, 1996 are rules subject to sections 120.535 and 120.54, Florida Statutes, and if so whether the statements violate those sections. 1/ Petitioners pled only a violation of section 120.54, Florida Statutes, and contend that the remedy they seek, a determination of the invalidity of the agency statements, is available without recourse to section 120.535, Florida Statutes. At hearing, the parties, including Petitioners, availed themselves of the opportunity to elicit evidence related to section 120.535, Florida Statutes.Agency statement reclassifying shellfish harvesting areas is a rule and unpromulgated it violated 120.535.

95-004821 NATIONAL HEALTH INSURANCE COMPANY vs DEPARTMENT OF INSURANCE (1995)

Division of Administrative Hearings, Florida Filed: Oct. 02, 1995

The issue in this case is whether Respondent properly rejected Petitioner's insurance Policy Form No. SL-94.Petitioner's stop loss policy is a de facto health insurance policy which violates Section 627.6699, Florida Statutes.

94-003223RU GREAT AMERICAN RESERVE INSURANCE COMPANY vs DEPARTMENT OF INSURANCE AND TREASURER (1994)

Division of Administrative Hearings, Florida Filed: Jun. 13, 1994

Whether or not all or part of the 40 statements challenged in the petition of Great American Reserve Insurance Company violate Section 120.535 F.S. requiring the agency to immediately discontinue all reliance upon the statements or any substantially similar statement as a basis for agency action.40 statements associated with acturial review of annuities met 120.535(1)(a)3 defense of current, expeditious, good faith rulemaking by rule development workshop

Frank J Santry, III