Radey is an AV-rated firm consisting of lawyers who practice before state agencies and in all state and federal courts.
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 […]
Employers would be interested to review the USDOL’s regulatory agenda published in Spring 2010. In particular, employers should note the USDOL’s emphasis on proactive measures that the department would like to require employers to take before the USDOL investigator arrives. Indeed, the USDOL’s agenda marks the end of any regulatory tolerance for what the government […]
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, […]
Earlier this month, the USDOL unveiled the latest development in its e-laws advisor programs: an online resource entitled “Disability Nondiscrimination Law Advisor.” The website and related links continue the USDOL’s effort to educate employers and employees about the amendments to the ADA, as well as its fundamental applications. The website requires the viewer to answer […]
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 […]
The Office of Insurance Regulation issued an order levying a new emergency assessment for the Florida Hurricane Catastrophe Fund. Effective January 1, 2011 insurers are to begin collecting 1.3% assessments on all applicable policies. This assessment will replace the existing assessment levy of 1.0%. The increase comes primarily has the result of claims from Hurricanes […]
The 2010 legislative session begin with fairly widespread recognition that the residential property insurance market in Florida has been set back by several “cost drivers” warranting legislative attention. The Florida Cabinet held discussions about why insurers have been losing money in recent years even without hurricanes affecting the state. Insurance Commissioner Kevin McCarty identified for […]
