Petitioner: UNITED PROPERTY AND CASUALTY INSURANCE COMPANY
Respondent: DEPARTMENT OF INSURANCE
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Oct. 12, 2000
Status: Closed
DOAH Final Order on Wednesday, January 17, 2001.
Latest Update: Oct. 31, 2002
Summary: In this proceeding, pursuant to Section 120.56(4), Florida Statutes, Petitioner United Property & Casualty Insurance Company ("United") challenges several alleged "statements" of Respondent Department of Insurance (the "Department"), which United alleges are rules as defined in Section 120.52(15), Florida Statutes, that have not been adopted properly and therefore violate Section 120.54(1)(a), Florida Statutes. The statements at issue arise from the Department's interpretation and implementation
Summary: In this proceeding, pursuant to Section 120.56(4), Florida Statutes, Petitioner United Property & Casualty Insurance Company ("United") challenges several alleged "statements" of Respondent Department of Insurance (the "Department"), which United alleges are rules as defined in Section 120.52(15), Florida Statutes, that have not been adopted properly and therefore violate Section 120.54(1)(a), Florida Statutes. The statements at issue arise from the Department's interpretation and implementation of statutes that authorize insurers such as United to recoup reimbursement premiums paid to the Florida Hurricane Catastrophe Fund (the "CAT Fund"). United seeks a final order: (1) declaring that some or all of the above alleged statements, in whole or in part, violate Section 120.54(1)(a), Florida Statutes; (2) directing that the Department immediately stop relying on any illegal unadopted rule as a basis for agency action; and (3) awarding reasonable attorneys' fees and costs pursuant to Section 120.595(4)(a), Florida Statutes.Several agency statements arising from Department`s interpretation and implementation of statutes that authorize insurers to recoup reimbursement premiums paid to the Florida Hurricane Catastrophe Fund were determined to be unadopted rules.
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FO.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
UNITED PROPERTY & CASUALTY INSURANCE COMPANY,
Petitioner,
vs.
DEPARTMENT OF INSURANCE,
Respondent.
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) Case No. 00-4233RU
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ORDER REGARDING THE DETERMINATION OF REASONABLE ATTORNEYS' FEES AND COSTS TO BE AWARDED PETITIONER
This case is before the undersigned upon the entry of a final order determining that Respondent Department of Insurance (the "Department") has developed several statements of general applicability in violation of Section 120.54(1)(a), Florida Statutes, which entitles Petitioner United Property & Casualty Insurance Company ("United") to an award of reasonable attorneys' fees and costs. See Section 120.595(4)(a), Florida
Statutes. Upon consideration, it is ORDERED that:
The parties shall file, within seven days after the date this order, a joint response setting forth: (1) the anticipated length of the attorneys’ fees hearing; (2) at least three proposed dates for the hearing not fewer than 30 nor more than 90 days after the date hereof; and (3) a proposed pre- hearing schedule containing deadlines for the disclosure of fact
and expert witnesses, the exchange of exhibit lists, and the completion of discovery, unless the parties mutually agree that a pre-hearing schedule is unnecessary and so state in their joint response. Alternatively, if the parties mutually agree that the award of reasonable attorneys' fees and costs may be entered without a hearing based on written submissions, including affidavits attesting to (or challenging) the reasonableness of the amounts sought, they may so advise in their joint response, which shall in that event include a proposed briefing schedule.
United shall file, within 30 days after the date of this order, (1) a bill of costs setting forth the amount of reasonable costs that may be taxed in accordance with the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, and (2) an application for attorneys’ fees that states the amount or provides a fair estimate of the amount sought; discloses the terms of any agreement with respect to fees to be paid for the services for which the claim is made; is supported with particularity as to the legal and factual grounds for the reasonableness of the time expended and hourly rates charged; and includes an affidavit verifying the accuracy of the application and attesting that counsel has fully reviewed the time records and supporting data and that the motion is well grounded and justified. In addition, the application for
attorneys’ fees shall state that United’s counsel has conferred with counsel for the Department in a good faith effort to resolve by agreement the amount of attorneys’ fees and costs to be awarded and shall state the results thereof.
DONE AND ORDERED this 17th day of January, 2001, in Tallahassee, Leon County, Florida.
JOHN G. VAN LANINGHAM
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 17th day of January, 2001.
COPIES FURNISHED:
S. Marc Herskovitz, Esquire Department of Insurance
Division of Legal Services
200 East Gaines Street 612 Larson Building
Tallahassee, Florida 32399-0333
Richard N. Sox, Jr., Esquire Graham, Moody & Sox, P.A.
215 South Monroe Street, Suite 600 Tallahassee, Florida 32301
Docket for Case No: 00-004233RU
| Issue Date |
Proceedings |
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Oct. 31, 2002 |
File Returned to the Agency sent out. |
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Dec. 07, 2001 |
BY ORDER OF THE COURT: (Appeal dismissed pursuant to Florida Rule of Appellate Procedure 9.350(b). filed. |
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Mar. 16, 2001 |
Index, Record, Certificate of Record sent out. |
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Mar. 14, 2001 |
Received check in the amount of $62.00 received. |
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Mar. 08, 2001 |
Statement of Service Preparation of Record sent out. |
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Mar. 08, 2001 |
Index sent out. |
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Jan. 29, 2001 |
Order Confirming Automatic Stay issued.
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Jan. 23, 2001 |
Letter to DOAH from the District Court of Appeal filed. DCA Case No. 1DO1-209 |
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Jan. 22, 2001 |
Order Denying Respondent`s Renewed Motion for Costs and Fees issued.
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Jan. 18, 2001 |
Notice of Appeal filed (by M. Herskovitz). |
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Jan. 17, 2001 |
Order Regarding the Determination of Reasonable Attorneys` Fees and Costs to be Awarded to Petitioner issued. CASE CLOSED.
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Jan. 17, 2001 |
Final Order issued (hearing held November 8, 2000). JURISDICTION RETAINED FOR FEES PORTION OF THIS CASE.
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Jan. 05, 2001 |
Consent Order filed.
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Dec. 15, 2000 |
Proposed Final Order with diskette filed by R. Sox.
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Dec. 15, 2000 |
Respondent`s Proposed Final Order filed. |
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Dec. 15, 2000 |
Respondent`s Renewed Motion for Costs and a Reasonable Attorneys Fee filed.
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Nov. 22, 2000 |
Transcript (Volume 1 and 2) filed. |
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Nov. 21, 2000 |
Joint Motion to Consolidate (00-4212 and 004233RU, filed via facsimile).
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Nov. 14, 2000 |
Order on Pending Motions issued.
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Nov. 08, 2000 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
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Nov. 07, 2000 |
Amended Motion to Take Judicial Notice filed by Petitioner.
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Nov. 07, 2000 |
(Joint) Prehearing Stipulation filed. |
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Nov. 06, 2000 |
Motion to Take Judicial Notice filed by Petitioner.
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Nov. 06, 2000 |
Deposition (of Douglas Haseltine, Volumes 1 and 2) filed. |
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Nov. 06, 2000 |
Notice of Filing Deposition - Douglas Haseltine filed. |
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Nov. 06, 2000 |
Deposition (of Billy P. Stewart) filed. |
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Nov. 06, 2000 |
Notice of Filing Deposition - Billy P. Stewart filed.
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Nov. 03, 2000 |
Petitoner`s Response in Opposition to Respondent`s Motion for Attorney`s Fees and Costs filed.
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Nov. 03, 2000 |
Petitioner`s Response in Opposition to Respondent`s Motion to Dismiss Petition for Determination of Violations of Section 120.54(1)(a), Florida Statute filed.
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Nov. 01, 2000 |
Department`s Motion for Costs and Attorney`s Fees filed.
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Nov. 01, 2000 |
Respondent`s Motion to Dismiss Petition for Determination of Violations of Section 120.54(1)(a), Florida Statutes filed.
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Oct. 27, 2000 |
Amended Notice of Hearing issued. (hearing set for November 8 through 10, 2000; 9:00 a.m.; Tallahassee, FL, amended as to date).
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Oct. 26, 2000 |
Notice of Taking Deposition Duces Tecum of the Corporate Representative of the Claimant filed. |
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Oct. 23, 2000 |
Notice of Appearance (filed by J. Redner via facsimile).
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Oct. 19, 2000 |
Notice of Appearance (filed by S. Herskovitz).
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Oct. 19, 2000 |
Order of Pre-hearing Instructions issued.
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Oct. 19, 2000 |
Notice of Hearing issued (hearing set for November 8, 2000; 9:00 a.m.; Tallahassee, FL).
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Oct. 18, 2000 |
Order of Assignment issued.
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Oct. 16, 2000 |
Letter to Liz Cloud from A. Cole w/cc: Carroll Webb and Agency General Counsel sent out.
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Oct. 12, 2000 |
Petition for Administrative Determination of Violation of Section 120.54(1)(a), Florida Statutes filed.
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Orders for Case No: 00-004233RU
| Issue Date |
Document |
Summary |
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Jan. 17, 2001 |
DOAH Final Order
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Jan. 17, 2001 |
DOAH Final Order
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Several agency statements arising from Department`s interpretation and implementation of statutes that authorize insurers to recoup reimbursement premiums paid to the Florida Hurricane Catastrophe Fund were determined to be unadopted rules.
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