News & Updates

www.radeylaw.com

Department of Revenue Issues Tax Credit TIP

Department of Revenue Issues Tax Credit TIP

The Florida Department of Revenue has issued Tax Information Publication (TIP) 15ADM-03 relating to the community contribution tax credit.  Insurers may be interested in the tax credit against the insurance premium tax.  The credit also may be taken against the sales and use tax and the corporate income tax.  The text of the TIP is […]

Continue Reading →

First DCA Issues Another Assignment of Benefits Opinion

First DCA Issues Another Assignment of Benefits Opinion

The First District Court of Appeal has issued its second opinion on assignment of benefit issues in recent weeks.  In its most recent opinion, the court in United Water Restoration Group, Inc. v. State Farm Florida Insurance Company found that a county court had improperly dismissed United Water’s complaint based on coverage issues raised by […]

Continue Reading →

July Marks Effective Date for Statutory Changes

July Marks Effective Date for Statutory Changes

Bills passed by the Florida legislature specify when their provisions take effect, either upon the bills’ becoming law or upon a specific date.  For insurance-related legislation, the legislature often establishes July 1 as the effective date.  This is the case with several bills passed during 2015.  Insurers therefore should consider the impact of 2015 legislation […]

Continue Reading →

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 […]

Continue Reading →

Notice of Change Statute Changed

Notice of Change Statute Changed

The legislature made two key changes to Section 627.43141 relating to the Notice of Change in Policy Terms.  These changes, set forth in HB 273, passed in the 2015 legislative session and now have been approved by the Governor.  They are reflected in Chapter Law 2015-170. The statute has been troubling to insurers because it has suggested that […]

Continue Reading →

Department of Revenue Issues Guidance on FIGA Recoupments

Department of Revenue Issues Guidance on FIGA Recoupments

The Florida Department of Revenue has issued guidance to insurers relating to their recoupments of Florida Insurance Guaranty Association (FIGA) assessments.  Due to a law change passed in the 2015 regular session, recoupments of both regular and emergency FIGA assessments will not be subject to the insurance premium tax.  The Department of Revenue’s guidance notes, […]

Continue Reading →

Law Change Authorizes Electronic Delivery of Personal Lines Policies

Law Change Authorizes Electronic Delivery of Personal Lines Policies

The Florida legislature passed House Bill 273 in the 2015 regular session allowing the electronic delivery of personal lines insurance documents.  The bill has been approved by the Governor and is now reflected in Chapter Law 2015-170. The new law amends section 627.421, Florida Statutes, to provide that personal lines policyholders may affirmatively elect to […]

Continue Reading →

New Law Clarifies FIGA Recoupment Receivables are Admitted Assets

New Law Clarifies FIGA Recoupment Receivables are Admitted Assets

The legislature passed HB 189 in the 2015 regular session relating to the admissibility of receivables arising from the recoupment of Florida Insurance Guaranty Association (FIGA) assessments.  Upon now being approved by the Governor, the new law takes effect July 1, 2015. The new law relates to FIGA assessments that are paid by an insurer before being […]

Continue Reading →

DFS Proposes Changes to Licensee Penalty Rules

DFS Proposes Changes to Licensee Penalty Rules

The Florida Department of Financial Services has proposed changes to rule 69B-231.020, which establishes the scope of licensees subject to the penalty provisions of rule chapter 69B-231.  The rule currently specifies that the chapter applies to insurance agents, customer representatives, adjusters, navigators and service representatives licensed under Chapter 626 of the Florida Insurance Code.  The […]

Continue Reading →

Legislature Back for Special Session on Budget

Legislature Back for Special Session on Budget

The Florida legislature is back in session from June 1 through as late as June 20 with the primary objective of passing a state budget.  The special session became necessary when the House of Representatives abruptly ended its work in the regular session three days early over a disagreement with the Senate as to healthcare […]

Continue Reading →