Florida/Georgia Personal Injury & Workers Compensation

...The present administrative complaint alleged the factual chronology of the transaction in detail and posited violations (among others) of section 626.611(5), Florida Statutes (1989), which forbids wilful misrepresentation of any annuity or insurance contract, and section 626.9521, Florida Statutes (1989), which forbids knowingly making false statements in negotiating an insurance policy and knowingly misrepresenting the conditions or terms of any insurance policy to obtain a commission....

...(lack of informed consent for sale of ancillary product), eight violations each of sections 626.621(6)(unfair methods of competition or unfair or deceptive acts or practices), 626.611(7) (lack of fitness/trustworthiness) and 626.611(9) (fraudulent or dishonest practices under license) and fifteen violations of section 626.9521 (unfair method of competition or unfair and deceptive act or practice)....

...y and justice; rule 4-8.4(c) by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation; and rule 4-8.4(d) by engaging in conduct prejudicial to the administration of justice. The referee found that respondent's actions violated section 626.9521, Florida Statutes (1995), proscribing "unfair method of competition or an unfair or deceptive act or practice involving the business of insurance," id., and several provisions of section 626.9541, which generally proscribes falsity i...

...An individual analysis is required. 9. The Florida Bar's Complaint incorporates the Department of Insurance Immediate Final Order wherein it is alleged that the AFBG and consequently Respondent, violated certain provisions of the insurance code, to wit: § 626.9521 and §§ 626.9541(1) a, b, e, h, l, and n of Florida Statutes, 1995....

...ion of the provision of the insurance code or other law, (626.621(2); violation of the rule against "twisting", 626.621(5); engaging in unfair or deceptive methodology of competition or being a source of loss or injury to the public, (626.621(6) and 626.9521: knowingly making an untrue, deceptive or misleading advertisement, (626.9541(1)(b) and (1)(e)1; and improperly comparing his policies with those of another company, (Rule 4-4.003(2) F.A.C.)....

...found in these sections of the insurance code. The Department argues that the fines imposed against Dyer were not premised on violations of sections 626.611 and 626.621, but rather were premised on Dyer's violations of section 626.9541(1). Sections 626.9521 and 626.9541 are found in Part X of chapter 626, known as the "Unfair Insurance Trade Practices Act," and, the Department argues, additional penalties by administrative fine are authorized by section 626.9521 without regard to the limitations in section 626.681 because this latter section is in Part I of the chapter....

...15, 79th Congress), by defining and prohibiting unfair or deceptive acts or practices, and since that part authorizes the imposition of an administrative fine upon a proven violation thereof, the Department argues, it is free to impose an additional penalty for each specific unfair trade practices violation pursuant to section 626.9521. After coursing through the statutory maze of the Florida Insurance Code in an effort to verify this argument, we reject it for the following reasons. Section 626.9521 makes it unlawful for any person to engage in an unfair trade practice as defined by the act, [5] and states that "[a]ny person who violates any provision of this part shall be subject to the penalties provided in s....

...representing the Department, but only to express our concern and sympathize with him and the Department for having to attempt enforcement of such poorly drafted and confusing legislation. Nevertheless, even after traversing from section 626.9541 to section 626.9521 to section 627.381, thence back to section 624.4211 we have found that section 624.4211 only authorizes the imposition of a fine in lieu of suspension or revocation, the same as section 626.681....

...tion of the statutory language requires that we hold that the penalty in section 624.4211 is inapplicable to individual insurance agents like Dyer. This conclusion is further reinforced by the fact that there is no ostensible need for a reference to section 626.9521, thence to section 627.381, thence to section 624.4211, to find statutory authority for penalizing an offending insurance agent's violation of the unfair trade practices prohibited in Part X....

...ng as an agent or broker, and improperly collecting a commission on those insurance transactions. (Def.'s Mot. at 7.) As alleged, these activities, says JetBlue, are regulated by various Florida insurance statutes: Florida Statutes sections 626.112, 626.9521, and 626.9531....

...She also submits that, even if the Court finds the alleged RICO conduct relates to the "business of insurance," the application of RICO in this context would not, in any event, "invalidate, impair, or supersede" Florida insurance law. The Court disagrees. JetBlue points to Florida Statutes sections 626.112, 626.9521, and 626.9531, under Florida's Unfair Insurance Trade Practices Act, as regulating the activities Dolan outlines in her complaint. Under section 626.112, one must be licensed in order to "act as ... an insurance agent." Section 626.9521 prohibits a deceptive act or practice involving the business of insurance....

...of insurance commissions as an unlicensed broker. ( E.g. , Am. Compl. at ¶¶ 2, 23, 30-31, 52, 58, 72(f).) Dolan has not rebutted JetBlue's arguments that these particular activities, as alleged, are violative of Florida Statutes sections 626.112, 626.9521, 626.9531, and 626.9541....

...Punitive damages are limited to certain cases, see § 624.155(4), and class action suits are not authorized, see § 624.155(5). The Florida UITPA further contains a section subjecting an insurer to specific monetary penalties by the Department of Insurance, see § 626.9521, and permits the Department to issue cease and desist orders for unlawful insurance practices, see § 626.9581....

...Prudential obtained a release from Gerber for “all bodily injury resulting from the accident” for $1,000. Gerber thereafter sued Keefe for negligence and he raised as a defense the release previously given by Gerber. During the pendency of this action, Gerber sued Prudential claiming that Prudential violated section 626.9521, Florida Statutes, in obtaining the release and violated section 825.102, Florida Statutes, by exploiting the elderly....

subject to the penalties provided in 627.381. [Section 626.9521, Florida Statutes] (j) Made false or fraudulent

...r impermissibly brought bad-faith claims based on sections 627.736(4)(f), (6)(b), and (11)(f), Florida Statutes (2002). As these sections do not provide for damages, the Provider sought statutory fines under the Unfair Insurance Trade Practices Act. § 626.9521(2), Fla....