Radey is an AV-rated firm consisting of lawyers who practice before state agencies and in all state and federal courts.
The Governor vetoed SB 2044, the big property bill, Tuesday night. In his veto message he expressed concern about the change in how mitigation credits and debits would be implemented and the expansion of the expedited rate filing process. The veto does mean that the prohibition against use and file expires on December 31, 2010. This bill […]
Senate Bill 2044 became the primary property insurance bill during the 2010 legislative session, particularly for issues relating to residential insurance. The bill reflected input from a variety of interested parties, including the Office of Insurance Regulation, the insurance industry, the trial bar, and public adjusters. Although a number of parties commented after the session […]
The Governor has approved Senate Bill 2176 as passed in the 2010 legislative session. The bill addressed several high profile topics, including the process by which commercial property and casualty insurers may adjust their rates. The bill revises current rate submission and approval requirements for selected types of commercial insurance, including: Excess or Umbrella Surety […]
Two existing public records exemptions relating to catastrophe modeling have been extended due to action by the Florida legislature and approval by Governor Crist. House Bill 7121 has become Chapter Law 2010-137. This law extends the public records exemption for loss and exposure data submitted by insurers in the development and maintenance of the public […]
A Tallahassee circuit court in the case of Frederick W. Kortum, Jr. v Alex Sink, upheld the state statute that prohibits adjusters from soliciting insured homeowners within 48 hours of a catastrophe. The ban contained in section 626.854(6), Florida Statutes, was challenged as an unconstitutional suppression of commercial free speech and a violation of the […]
A bill passed in the 2010 legislative session relating to recouping Florida Insurance Guaranty Association assessments will become law effective July 1, 2010. The new law (Chapter Law 2010-49) streamlines the process by which insurers may recoup assessments levied by FIGA. An insurer seeking to recoup an assessment will make an informational filing with the […]
The Florida Office of Insurance Regulation has issued Informational Memorandum OIR-10-03M relating to the recent federal health insurance legislation. The memorandum identifies the following changes as being effective September 23, 2010, and applicable to a group health plan and a health insurance issuer offering group or individual health insurance coverage. Policies issued on or after September 23, […]
Coventry First, LLC v Kevin McCarty, Commissioner of the Florida Office of Insurance Regulation (11th Circuit Court of Appeals) The 11th Circuit Court of Appeals issued an order on May 5, 2010 affirming a decision by the Northern District of Florida dismissing Coventry First LLC’s complaint for injunctive relief. The Florida Office of Insurance Regulation […]
Senator Mike Bennett, Representative Maria Sachs and CFO Alex Sink, among others, have been pursuing legislation for several sessions to increase regulatory protections for senior citizens in annuity transactions. Although the proposals appeared at times to be stalled in the current session, they were amended onto a broader insurance bill at the end of the session […]
The Florida Legislature incorporated changes to the condominium insurance law into a broader bill dealing with condominium issues. The legislature passed similar changes in 2009, but Governor Crist vetoed the bill for unrelated reasons. Insurers again in 2010 will have to await the Governor’s action on the broader bill to see if the much anticipated reforms […]
