Florida/Georgia Personal Injury & Workers Compensation

...Therefore, the identity of the direct tortfeasor is uncertain. [2] Surplus-lines insurance is a type of insurance that a potential insured may obtain when the general-lines insurance market fails to provide a policy to cover the type of risk involved. See § 626.916(1)(a), Fla....

...is discrepancy to be significant to the findings above. [3] "Surplus-lines insurance is a type of insurance that a potential insured may obtain when the general-lines insurance market fails to provide a policy to cover the type of risk involved. See § 626.916(1)(a), Fla....

...5-6.) Steven Parton is presently General Counsel for the Florida Office of Insurance Regulation. He maintains that § 627.410 applies to authorized insurers while §§ 626.913-626.937 apply to surplus lines insurers. (Parton Affidavit, DE 203, p. 10.) Mr. Parton states that § 626.916(1)(c) [2] requires surplus lines insurers to file a form with the Office for review....

...Calendar Call is set for May 21, 2009 at 9:00 a.m. with Trial to commence during the two week trial period starting May 25, 2009. DONE AND ORDERED. NOTES [1] Mercedes and Miguel Zota adopted Defendants' Motion for Summary Judgment [DE 191]. [2] Florida Statute § 626.916(1 )(c) states that: The policy or contract form under which the insurance is exported shall not be more favorable to the insured as to the coverage or rate than under similar contracts on file and in actual current use in this state by the...

...�s violation of the surplus line law transforms the insurer’s product into a general line that must comply with Chapter 627.) The only section of the insurance code cited by the complaint that either the insurers or the policy appear to violate is Section 626.916(l)(a), which requires a surplus line agent to verify that the producing agent, before procuring surplus line insurance, searched “diligently” for the insurance in the Florida insurance market....

...(Lexington's Motion to Compel Arbitration at Ex. A). Despite these indicators, Prescott nonetheless alleges for the first time in its Supplemental Brief that Prescott has a "good faith belief" its policy with Lexington is not valid because Lexington failed to satisfy § 626.916, which requires, in relevant part, that in order for an out-of-state insurance policy to be eligible for export to Florida, the producing agent of a surplus-lines insurer must make a diligent effort to ensure (1) a similar policy cannot be obtained from an authorized Florida insurer and (2) the out-of-state insurer's premiums are not lower than rates charged by similar in-state insurers. [13] Fla. Stat. § 626.916(a)-(b)....

...ainst an insurer, but has since withdrawn its reliance on that statute. (Prescott's Supplemental Motion at 8). [8] Surplus-lines insurance is a type of insurance available when a general-lines policy does not cover the risk being insured. Fla. Stat. § 626.916(1)(a)....

...Lemy and Hill allege that one or more of the insurers violated the surplus line law’s eligibility and approval requirements. More distinctly, Lemy and Hill allege a violation of Section 626.924, Florida Statutes, which requires a surplus line policy to include two specific disclaimers; Section 626.916(l)(a), which requires a diligent search for a general line before the sale of a surplus line; Sections 627.062 and 627.0651, which regulate a general line policy’s price; Section 627.410, which requires a general line insurer to rep...

...egulated” by the insurance code. The June 19th order explains that the Office’s approval of the underwriters conclusively resolves whether the underwriters qualify as an eligible surplus line insurer; that only immaterial infractions of Sections 626.916(l)(a) and 626.924 occurred; that none of Chapter 627, which regulates general line insurance, applies to the insurers; and that no violation of Section 627.8405 occurred because the insurance code regulates the policy and because the policy is not an automobile club membership....

...s an insurer “made eligible by the Office to issue insurance coverage under this Surplus Lines Law.” The motion for reconsideration discusses purportedly new evidence that, Lemy and Hill claim, shows the insurers knowingly and regularly violated Section 626.916(l)(a)’s diligent search requirement....

...ng the duty to enforce regulations for which no private cause of exists. [2] As the June 19th order explains, no section that Lemy and Hill inthe insurers violated provides a private right of action. In consequence, even if they prove a violation of Section 626.916(l)(a) or of another section at issue, Lemy and Hill lack the right to sue....