News & Updates

Florida Supreme Court

Workers Compensation Filing Heading Toward Summer Hearing

Workers Compensation Filing Heading Toward Summer Hearing

Since a Florida Supreme Court ruling last month, the Florida workers’ compensation market has been the subject of considerable speculation regarding the potential rate impact.  That question was answered last week when the National Council on Compensation Insurance (NCCI) submitted a filing to the Florida Office of Insurance Regulation (OIR) providing for a 17.1 percent […]

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OIR Approves Workers Compensation Rate Reduction

OIR Approves Workers Compensation Rate Reduction

The Florida Office of Insurance Regulation has issued an order approving an overall rate reduction of 4.7% in the National Council on Compensation Insurance’s (NCCI’s) recent workers’ compensation insurance rate filing.  NCCI originally filed for an overall rate reduction of 1.9%.  However, upon review, the OIR disapproved the filing as initially filed and stated that […]

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11th Circuit Finds Approved Form Not Required for Law and Ordinance Increases

11th Circuit Finds Approved Form Not Required for Law and Ordinance Increases

The 11th Circuit Court of Appeal in Allen v. USAA Casualty Insurance Company considered whether section 627.7011(2), Florida Statutes, requires an insurer to confirm both increases and decreases of law and ordinance coverage on an OIR-approved form, or whether the requirement to use an approved form applies only when a policyholder decreases coverage below the […]

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Supreme Court Confirms Citizens Bad Faith Immunity

Supreme Court Confirms Citizens Bad Faith Immunity

The Florida Supreme Court has concluded that Citizens Property Insurance Corporation is not liable under section 624.155 for statutory first-party bad faith actions. The court in Citizens Property Insurance Corporation v. Perdido Sun Condominium Association, Case No. SC14-185, reasoned that the Florida legislature gave Citizens broad immunity from legal actions, with limited exceptions. Statutory bad […]

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STOLI Statute at Issue in New Eleventh Circuit Case

STOLI Statute at Issue in New Eleventh Circuit Case

The Eleventh Circuit Court of Appeals has asked the Florida Supreme Court to determine which of two Florida statutes control in two cases involving alleged stranger-originated life insurance (“STOLI”) policies: section 627.404, which requires a person who buys a life insurance policy to have an insurable interest in the life of the insured at the […]

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2014 Saw Significant Property and Casualty Issues

2014 Saw Significant Property and Casualty Issues

As 2014 comes to a close, several of the issues that commanded considerable attention during the year reached their resolution and set the framework for 2015 ahead.  When we all return from the holidays, the legislative committee weeks will be upon us and the 2015 legislative session will begin before we know it.  However, before […]

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Ambiguity Expands Coverage in Home Health Policy

Ambiguity Expands Coverage in Home Health Policy

In its third insurance-related opinion of July 3, the Florida Supreme Court in Washington National Insurance Corporation v. Ruderman answered the following questions certified to it by the United States Court of Appeals for the Eleventh Circuit: IN THIS CASE, DOES THE POLICY’S “AUTOMATIC BENEFIT INCREASE PERCENTAGE” APPLY TO THE DOLLAR VALUES OF THE “LIFETIME […]

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