Lawyers | Thomas David Valentine -- eLawyers

02-003097RU FLORIDA HOME BUILDERS ASSOCIATION; FLORIDA A.G.C. COUNCIL, INC.; AND PARRISH GROUP, INC.; AND MARK MADONIA, D/B/A CHOP`S ACOUSTICAL CEILINGS vs DEPARTMENT OF INSURANCE, DIVISION OF WORKERS` COMPENSATION (2002)

Division of Administrative Hearings, Florida Filed: Aug. 05, 2002

The issues in this case are: whether Petitioners have standing to challenge the agency statements in the Division of Workers' Compensation Bulletin No. 234; whether the agency statements in Bulletin No. 234 constitute a "rule" as defined by Subsection 120.52 (15), Florida Statutes; and, if yes, whether the Department violated Subsection 120.54(1), Florida Statutes, by not adopting the statements in accordance with the rulemaking procedures.The agency statement concerning workers` compensation insurance did not merely paraphrase statutory amendments, but interpreted the provisions. Therefore, the statement is a rule that should be promulgated.

96-005981RE PREFERRED MUTUAL INSURANCE COMPANY vs DEPARTMENT OF INSURANCE (1996)

Division of Administrative Hearings, Florida Filed: Dec. 24, 1996

Department of Insurance emergency rule 4ER95-1, effective August 1, 1995, adopted by reference certain amendments to the Florida Windstorm Underwriting Association (FWUA) Plan of Operation and Articles of Agreement. The amendments included a provision that membership in FWUA shall terminate at the end of the association year during which the member is no longer licensed to transact property insurance in the state. Sued for an assessment to pay claims resulting from Hurricane Opal, Preferred Mutual Insurance Company now challenges the emergency rule, and more particularly the extended membership provision. Issues for disposition in this case are the standing of Preferred Mutual and the validity of 4ER95-1.Emergency rule which extended FWUA membership but failed to state emergency basis for the rule is invalid.

94-005599RP FLORIDA AUTOMOBILE UNDERWRITERS ASSOCIATION, INC. vs DEPARTMENT OF INSURANCE AND TREASURER (1994)

Division of Administrative Hearings, Florida Filed: Oct. 07, 1994

The central issues in these cases are the Petitioners' challenges to proposed rules of the Department of Insurance (Department).Challenges to proposed rules establish agency has expanded statutes in part but are within discretion otherwise.

94-003475RP AMERICAN INSURANCE ASSOCIATION vs DEPARTMENT OF INSURANCE AND TREASURER (1994)

Division of Administrative Hearings, Florida Filed: Jun. 24, 1994

The issue for determination at formal hearing was whether proposed amendments to Rule 4J-2.002, Florida Administrative Code, are an invalid exercise of delegated legislative authority.Proposed rule not an invalid exercise if delegated legislative authority. Petitions challenging proposed rule dismissed.

94-005604RP FLORIDA AUTOMOBILE UNDERWRITERS ASSOCIATION, INC. vs DEPARTMENT OF INSURANCE AND TREASURER (1994)

Division of Administrative Hearings, Florida Filed: Oct. 07, 1994

Whether the challenged changes made by the Department of Insurance to proposed Rule 4-176.013, Florida Administrative Code, were made in violation of the provisions of Section 120.54(13)(b), Florida Statutes, and therefore constituted invalid exercises of delegated legislative authority?Changes to proposed rule were either technical in nature or supported by the record of public hearing; 120.54 challenge to changes therefore dismissed.

93-003623RE HIGHLANDS INSURANCE COMPANY vs DEPARTMENT OF INSURANCE AND TREASURER (1993)

Division of Administrative Hearings, Florida Filed: Jun. 25, 1993

Whether Highlands has standing to challenge the Department's Emergency Rule 4ER93-20, Florida Administrative Code, and if so, whether Sections 2(d) and 6(a) should be invalidated because they constitute invalid exercise of delegated legislative authority?Emergency rule sections declared invalid to extent applicable to certain insurers beyond life of moratorium on nonrenewals after Hurricane Andrew.

92-002711 ALBERT J. DESROCHERS AND MICHAEL F. DESROCHERS vs DEPARTMENT OF INSURANCE AND TREASURER (1992)

Division of Administrative Hearings, Florida Filed: May 04, 1992

Whether or not Prudential's September 19, 1991 non-renewal notice was proper.Whether respondent's nonrenewal notice was proper.

90-008191 DEPARTMENT OF INSURANCE AND TREASURER vs WAYNE CHARLES REDWOOD (1990)

Division of Administrative Hearings, Florida Filed: Dec. 31, 1990

The issues for determination in these proceedings are whether the Petitioner, the Department of Insurance, should discipline the Respondent, Wayne Charles Redwood, for any of the violations charged in the Administrative Complaint filed in this case. The Administrative Complaint charges essentially that the Respondent took insurance premium money from a customer, represented that insurance coverage had been obtained when in fact it had not been, and converted the premium money to his own use, in violation of Sections 626.561(1), 626.611(7), 626.611(9), 626.611(10), 626.611(13), 626.621(2), 626.621(6), 626.112(2), 626.311(4), and 626.9541(1)(e)1., Florida Statutes (1989). 1/ Insurance agent prepared false declaration, an unfair and deceptive act or practice, but no willful misappropriation of premium, fraud or dishonest

Thomas David Valentine