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What’s Next in Florida
July 23, 2008, NAPAA Headquarters, Gulfport, MS
Many Florida Allstate agents believe that the events regarding the suspension of Allstate’s Certificates of
Authority in Florida are over. Not true.
If you recall, on May 14th the First District Court of Appeal's Final Opinion denied Allstate’s motions for
rehearing, lifting the stay on the suspension. The suspension lasted only two days before the Florida Office of
Insurance Regulation stayed the suspension following receipt of an affidavit from Allstate certifying that it had
complied with Florida law by freely providing all documents requested by the Office of Insurance Regulation.
Allstate continued its appeal to the Supreme Court of Florida, where on June 18th, The Court denied Allstate's
petition for review, declining to accept jurisdiction. Case 08-782 Documents
In the interim, the Florida Division of Administrative Hearings was drawn into the fray. Initially, the hearing had
been set for June 16th. On May 20th, Allstate and the OIR filed a joint Motion for Continuance with the DOA,
requesting the June 16th hearing be rescheduled to a later date. On May 29th, The State of FL Division of
Administrative Hearings granted the Motion for Continuance and moved the June 16th hearing to September
15th. DOA Order. This proceeding involves three allegations:
1. Allstate’s alleged failure to comply with the document request
2. Falsely asserting trade secrets and
3. False certification of its September rate filing.
So, Allstate still has to clear at least one more hurdle before this matter can be put to rest. The company could
be in for an uphill battle, however. The mood of the regulators and the insuring public are not industry friendly
at the moment.
Agents in Florida will now watch closely as the OIR begins the process of reviewing the State Farm request for
47.1% rate increase filed this week. The State Farm request will be the subject of a hearing scheduled for
August 12th, in Tallahassee. This also figures to be a contentious hearing.
NAPAA continues to closely monitor the events in Florida. NAPAA President Bob Isacsen, attorney Dirk
Beamer, and lobbyist Keri Rayborn will be conducting agent communication meetings in several Florida cities
from July 30th through August 1st.