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Consumer Advocate Working Group Kicks Off

Consumer Advocate Working Group Kicks Off

Today marks the first meeting of the Homeowners Policy & Claims Bill of Rights Working Group.  The group, convened by the Insurance Consumer Advocate, consists of regulators, consumer groups, representatives of trial lawyers and public adjusters, and the insurance industry.  The formation of the group follows feedback received by the consumer advocate and the Department […]

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NIMA Reaches $500 Million in Reported Premium

NIMA Reaches $500 Million in Reported Premium

NIMA, Inc. has announcesthat premiums reported under the Non-Admitted Insurance Multi-State Agreement (NIMA) have now exceeded $500 million in the year since the clearinghouse became operational.  The clearinghouse first became operational on July 1, 2012. NIMA, Inc. advised that $281 million of the $531 million in reported premium has been directly allocated to the six participating members of NIMA, Inc.  About $250 million […]

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Supreme Court Defines Overhead and Profit Obligation

Supreme Court Defines Overhead and Profit Obligation

In Trinidad v. Florida Peninsula Insurance Company issued July 3, 2013, the Florida Supreme Court considered the scope of replacement cost coverage under the 2008 version of Section 627.7011, Florida Statutes.  The statute provided that the insurer would pay the insured the replacement cost of his damaged property without regard to whether the insured repaired […]

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Supreme Court Finds PIP Insurers Must Disclose Use of Medicare Schedule

Supreme Court Finds PIP Insurers Must Disclose Use of Medicare Schedule

On July 3, 2013, the Florida Supreme Court answered the following certified question relating to insurers’ efforts to limit medical reimbursements in Personal Injury Protection policies based on the Medicare fee schedules: WITH RESPECT TO PIP POLICIES ISSUED AFTER JANUARY 1, 2008, MAY AN INSURER LIMIT REIMBURSEMENTS BASED ON THE MEDICARE FEE SCHEDULES IDENTIFIED IN […]

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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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Fifth DCA Finds Coverage Under Auto Policy for Modified Golf Cart

Fifth DCA Finds Coverage Under Auto Policy for Modified Golf Cart

On July 5, 2013, the Fifth District Court of Appeal issued its opinion in Angelotta v. Security National Insurance Company.  The case involved an insured who was operating a leased modified golf cart on a public road when he sideswiped a car and ran into a lawfully parked golf cart operated by the injured party.  […]

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Legislature Revises Forms Certifications and Rate Exemptions

Legislature Revises Forms Certifications and Rate Exemptions

The legislature altered Florida’s form and rate filing statutes in SB 468.  Perhaps most significantly, the legislature specified that a forms certification process similar to the one currently in effect by OIR order will continue for commercial property and casualty insurance.  However, personal lines and workers’ compensation are specifically carved out of the statutory change […]

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Cancer Treatment Fairness Act Passes Late in Session

Cancer Treatment Fairness Act Passes Late in Session

The legislature passed the Cancer Treatment Fairness Act late in the 2013 session as part of HB 1159.  The act takes effect July 1, 2014.  It creates section 627.42391 relating to health insurers and section 641.313 relating to health maintenance organizations.  The act requires insurers and HMO’s to cover prescribed orally administered cancer medications in […]

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Legislative Edition of Florida Insurance Report Coming Soon

Legislative Edition of Florida Insurance Report Coming Soon

The firm’s legislative edition of the Florida Insurance Report is under development and will be available soon.  The report will provide a summary of the major insurance bills that passed in the 2013 session, and those that were heavily debated but did not survive at the end.  The report is available by mail simply by […]

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FHCF Right-Sizing Debate Results in No Changes

FHCF Right-Sizing Debate Results in No Changes

The legislature entered the 2013 session talking about reducing the amount of reimbursement capacity provided by the FHCF.  It leaves Tallahassee without changing the limits at all, but not for lack of thorough discussion of the issue. Lawmakers interested in reducing the state’s assessment exposure urged a reduction in the FHCF to be phased-in over […]

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