Florida Developments

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As previously reported here, Senior United States District Judge Roger Vinson of the United States District Court for the Northern District of Florida declared the Patient Protection and Affordable Care Act (“PPACA”) void in a summary judgment decision in the case of State of Florida, et al. v. United States Department of Health and Human Services, et al. …
Read More Federal Government Appeals Florida Case Deeming PPACA Unconstitutional

Earlier this week, Jeff Atwater, Florida’s Chief Financial Officer (“CFO”), announced several high-level appointments at the Florida Department of Financial Services (the “Department”), including the appointment of an Inspector General and new directors for the Divisions of Treasury, Consumer Services, and Agent and Agency Services. …
Read More New Leadership Roles Announced at the Florida Department of Financial Services and the Florida Office of Insurance Regulation

On February 7, 2011, the Florida Senate and Banking Insurance Committee passed S.B. 178 (the “Bill”) by a vote of 8-2.  The Bill would amend Florida’s current rate filing laws to allow for the “use and file” of rates for commercial motor vehicle insurance covering fleets of less than 20 vehicles, fiduciary liability, general liability, nonresidential property, nonresidential multiperil and excess property insurance. …
Read More Florida Bill To Deregulate Rates For Certain Commercial Coverages Passes Senate Committee

Earlier this week, Senior United States District Judge Roger Vinson of the United States District Court for the Northern District of Florida declared the Patient Protection and Affordable Care Act (the “Act”) void in a summary judgment decision in the case of State of Florida, by and through Attorney General Pam Bondi, et al. v. United States Department of Health and Human Services, et al. …
Read More Patient Protection and Affordable Care Act Declared Void

In Amerisure Mutual Insurance Co. v. Albanese Popkin the Oaks Development Group L.P., 2010 U.S. Dist. LEXIS 125918 (Nov. 30, 2010), Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida ordered that the developer’s insurer has no duty to provide coverage or a defense for claims related to Chinese drywall, which were made against the developer. …
Read More Chinese Drywall – Florida Federal District Court Finds No Coverage Under CGL Policy

A federal court in Florida ruled this fall that a D&O policy does not cover the insured company’s costs in responding to an SEC investigation, nor its internal investigation costs in response to a whistleblower complaint. …
Read More Court Holds That D&O Policy Does Not Cover Internal Investigations Or Costs In Responding to SEC Investigations

In a verdict handed down on Thursday (11/18/10) ,a South Florida federal jury found that BankAtlantic violated federal securities laws by making several false statements to investors during the class period.  These false statements included seven statements made by bank executives during investor conference calls. …
Read More BankAtlantic Loses Class Action Trial

Earlier this week the commissioner (the “Commissioner”) of the Florida Office of Insurance Regulation (“FOIR”) announced that the FOIR entered into reduced collateral agreements with three alien reinsurers pursuant to Section 690-144.007 of the Florida Administrative Code (the “Rule”). …
Read More Alien Reinsurers Enter Florida Property and Casualty Market Under Reduced Collateral Rule