Radey is an AV-rated firm consisting of lawyers who practice before state agencies and in all state and federal courts.
The Florida Department of Services has issued Emergency Order 2024-01 resulting from Hurricane Debby’s landfall. With respect to public adjuster contracts, the Emergency Order provides that notwithstanding Section 626.854(7), a public adjuster contract based on a Hurricane Debby loss may be cancelled without penalty or obligation within 30 days of after the date of loss […]
Following Hurricane Debby, Florida Chief Financial Officer (CFO) Jimmy Patronis warned consumers about contractors using agreements designed to circumvent Florida’s prohibition against assignment of benefits (AOBs). In recent years, contractors’ widespread use of AOBs contributed to elevated losses, loss adjustment expenses and litigation in the Florida property insurance market. The Florida legislature included a prohibition […]
The Florida Office of Insurance Regulation (OIR) has published draft rule 69O-170.013 implementing the premium tax discount requirement adopted in the 2024 legislative session. The draft rule is substantially similar to emergency rule 69OER24-1 previously adopted by OIR. The Florida legislature granted emergency rulemaking authority to both OIR and the Department of Revenue to administer […]
Insurers have a variety of options when filing their product forms with the Office of Insurance Regulation (OIR). Some options result in the ability of insurers to get their insurance products or changes to those products to market more quickly than others. In addition, having local counsel like the Radey Law Firm review filings for […]
The Florida Office of Insurance Regulation (OIR) has adopted emergency rule 69OER24-1 implementing a law passed at the end of the 2024 session providing premium discounts for residential policyholders. Under the new law, policyholders will receive discounts in amounts equal to the state premium tax and fire marshal assessments. Insurers will recover the discount amounts […]
Florida Governor Ron DeSantis applauded the United States Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo, which overturned four decades of precedent known as the Chevron doctrine. As summarized in this firm’s July 1 post, the Chevron doctrine essentially meant that unless a congressional act was clear, courts were required to defer to […]
On June 28, the United States Supreme Court overturned the longstanding Chevron doctrine, creating a new era in federal administrative law. The Supreme Court in Loper Bright Enterprises v. Raimondo determined that the federal Administrative Procedure Act requires courts to exercise independent judgment in reviewing whether an agency acted within its statutory authority in its […]
Governor Ron DeSantis has vetoed House Bill 473 (HB 473) related to cybersecurity liability protection as passed by the Florida legislature in the 2024 regular legislative session. The bill would have provided that a county, municipality or other political subdivision substantially complying with standards and protocols under current law is not liable in connection with […]
HB 939 entitled “Consumer Protections” was passed by the Legislature and amends various statutes in the Florida Insurance Code among other changes. The Governor approved the law on May 2, 2024, and the changes take effect July 1, 2024. The insurance-related changes in the bill (1) add continuing education (CE) requirements for accountants used by […]
Will the reporting system we’ve known for decades as “QUASR” get a new name? After all, the name is shorthand for the quarterly supplemental reporting requirement by which insurers have provided information, on a quarterly basis and at the county level, about the number of policies they have written, canceled and nonrenewal. However, in the […]
