1. STATE APPELLATE DECISIONS
    1. FLORIDA
  • Frank Gay and Frank Gay Plumbing, Inc. v. Association Casualty Insurance Company, et. al. (5th DCA). Uninsured motorist case. Trial court erred in entering summary judgment finding that there was no uninsured motorist coverage because insured had failed to give written notice to insurer of the uninsured motorist claim. Notice given by insured to insurance broker was notice to insurer because broker was both an agent of the insured and the insurer. Written notice of claim as required by policy be waived when the insurer has actual notice of the claim. Furthermore, summary judgment was improper because factual issue remained whether broker's employee told insured to cash settlement check which had been tendered by underinsured motorist's insurer, but not to sign a release. If insured was not advised to cash the settlement check, the question becomes whether the settlement with underinsured motorist's insurer prejudiced uninsured motorist insurer.
  1. GEORGIA
  • No Georgia decisions published. 
  1. FEDERAL APPELLATE DECISIONS
    1. FLORIDA
  • Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corporation (FL 11th Cir.)
  1. GEORGIA
  • No Georgia decisions published.
  1. ADMINISTRATIVE LAW/AGENCY DECISIONS
  • In the Matter of Fredrick Blaine Armold, DOAH Case No. 11-2742PL, DFS Case No. Florida Department of Financial Services Final Order. 113923-11-AG. Final Order issued by the Florida
  1. NOTICES OF ADMINISTRATIVE RULEMAKING PROCEEDINGS
    1.  RULE DEVELOPMENT
  • None reported for Florida and Georgia.
  1. PROPOSED RULES

FLORIDA

  • Rule 59G-13.088, F.A.C. - Developmental Disabilities Consumer Directed Care Plus. The Agency for HealthCare Administration noticed changes to the Developmental Disabilities Medicaid Waivers Consumer Directed Care Plus Program Coverage, Limitations, and Reimbursement Handbook, July, 2012.
  • Rule 59G-13.086, F.A.C. - Developmental Disabilities Waiver Disposable Incontinence Medical Supplies Fee Schedule and Minimum Quality Standards. The Agency for Health Care Administration gives notice that subsection (3) of the proposed rule is changed to add an effective date of July 1, 2013.
  • Rule 69O-142.011, F.A.C. – Financial Services Commission/Office of Insurance Regulation – Insurer Conduct Penalty Guidelines. Public hearing on October 23, 2012, at 9:00 a.m. during a regular meeting of the Financial Services Commission, Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, FL, concerning proposed repeal of Rule 69O-142.011, Florida Administrative Code, published on July 20, 2012 in Vol. 38, No. 29, of the Florida Administrative Weekly. No notice of change was published. Agenda to be posted at http://www.myflorida.com/myflorida/cabinet/mart.html. The agenda should be available approximately one week before the cabinet meeting.
  • Rule 69O-148.001, F.A.C. – Funding of Preneed Contracts With Life Insurance or Annuities. The Florida OIR seeks repeal of Rule 69O-148.001, F.A.C., which addresses the sale of life and annuity products by agents to fund preneed funeral contracts. The rule currently limits the amount of insurance that may be written at $7,500, which conflicts with section 626.785, Fla. Stat. that permits coverage up to $12,500. The remainder of the rule has essentially the same substantive content as the statute and is unnecessary. If requested in writing, the Florida OIR will hold a public hearing on October 17, 2012, 9:30 a.m., 116 Larson Building, 200 East Gaines Street, Tallahassee, FL.

GEORGIA

  • Proposed Regulations Regarding Agents, Subagents, Counselors, Adjusters, Surplus Lines Brokers and Agencies. The Office of the Commissioner of Insurance seeks to adopt proposed rules to incorporate and implement statutory changes to O.C.G.A. Section 33-23-12 resulting from the passage of House Bill 463 that became law effective July 1, 2012. House Bill 33-23-12 provides for the sale of individual insurance coverage by limited licenses on personal property stored in self-service storage facilities. Interested persons may submit written comments to Vince Wiegand, Administrative Procedure Division, Office of Commissioner of Insurance, 1016 West Tower, Floyd Building, Two Martin Luther King, Jr. Drive, Atlanta, Georgia 30334. All comments must be received by the Administrative Procedure Division by 4:30 P.M. on October 19, 2012. A rulemaking hearing is scheduled on October 25, 2012, 10:00 A.M, Hearing Room of the Office of Commissioner of Insurance, Seventh Floor, West Tower, Floyd Building, Two Martin Luther King, Jr. Drive, Atlanta, Georgia 30334.
  1. MEETING NOTICES OF INTEREST/MISCELLANEOUS
  • Agency For Health Care Administration Assisted Living Workgroup – on September 21, 2012, 2:00 p.m. – 4:00 p.m., Conference Call: 1(888) 670-3525, Code: 625 643 6859. General subject matter to be considered: to conduct a meeting of the Assisted Living Workgroup members for examination of the regulation and oversight of assisted living in Florida and develop recommendations to improve the state’s ability to monitor quality and safety in assisted living and ensure the well-being of their residents. A copy of the agenda may be obtained by contacting: Ron Heredia, (850) 412-4304, Ronald.Heredia@ahca.myflorida.com. The agenda will also be posted at: http://ahca.myflorida. com/SCHS/CommiteesCouncils/ALWG/index.shtml (7) days prior to the meeting.
  • Agency For Health Care Administration Assisted Living Workgroup – on September 24, 2012, 2:00 p.m. – 4:00 p.m., Conference Call: 1(888) 670-3525, Code: 625 643 6859. General subject matter to be considered: to conduct a meeting of the Assisted Living Workgroup members for examination of the regulation and oversight of assisted living in Florida and develop recommendations to improve the state’s ability to monitor quality and safety in assisted living and ensure the well-being of their residents. A copy of the agenda may be obtained by contacting: Ron Heredia, (850) 412-4304, Ronald.Heredia@ahca.myflorida.com. The agenda will also be posted at: http://ahca.myflorida. com/SCHS/CommiteesCouncils/ALWG/index.shtml (7) days prior to the meeting.
  • Agency For Health Care Administration Assisted Living Workgroup – on September 27, 2012, 10:00 a.m. – 12:00 Noon, Conference Call: 1(888) 670-3525, Code: 625 643 6859. General subject matter to be considered: to conduct a meeting of the Assisted Living Workgroup members for examination of the regulation and oversight of assisted living in Florida and develop recommendations to improve the state’s ability to monitor quality and safety in assisted living and ensure the well-being of their residents. A copy of the agenda may be obtained by contacting: Ron Heredia, (850) 412-4304, Ronald.Heredia@ahca.myflorida.com. The agenda will also be posted at: http://ahca.myflorida. com/SCHS/CommiteesCouncils/ALWG/index.shtml (7) days prior to the meeting.
  • Agency for Health Care Administration Launches Enhancements to Online Personal Health Records for Medicaid Recipients. Agency for Health Care Administration (Agency) adds enhancements to internet-based personal health record, My Florida Health eBook. Each Medicaid recipient’s personal health record is now populated with data from services paid for by Florida Medicaid. Medicaid recipients can use the My Florida Health eBook to track information about their health care visits, procedures, medications, immunizations and more. Users can also add notes and other information, such as allergies, to their personal health record.
  • Florida Surplus Lines Service Office (FSLSO) – Information Concerning Watercraft Registration. The FSLSO has received several inquiries regarding insuring and payment of surplus lines taxes on watercraft vessels. The FSLSO confirms that it uses the State of registration provided in Section 328.03, Fla. Stat. to determine if a personal or commercial vessel is a Florida risk. If the vessel is registered in the State of Florida, the policy will need to be filed with the FSLSO; taxes, fees, and assessments will be charged as applicable.