1. STATE APPELLATE DECISIONS 
    1. FLORIDA
  • Patterson v. Firstlease, Inc. et. al. (Fla. 2d DCA). Automobile insurance/leased vehicles. Trial court erred in entering summary judgment finding that lessee of truck and its employee were not named insureds under policy issued to lessor of truck where policy designated as named insureds the lessor and “anyone else while using with your permission a covered „auto' you own, hire or borrow”. Notwithstanding the fact that lessee obtained liability coverage as required by lease agreement, and lease agreement provided that such insurance shall be primary, lessor did not effectively shift responsibility of carrying primary coverage to lessee where lease provision shifting responsibility was not in at least 10-point type as required by section 627.7263(1), Fla. Stat. (2004). The Second District Court of Appeals determined that the Federal Graves Amendment, which precludes liability being established against the owner of a rental vehicle on the basis of the common law principle of vicarious liability, does not preempt section 627.7263, Fla. Stat., where lessor had settled claim against it, and claims at issue are against lessee and its employee.
  • Travelers Casualty and Surety Company of America v. Culbreath Isles Property Owners Assoc. et. al. (Fla. 2d DCA). Jurisdiction/civil procedure. Trial court lacked jurisdiction to allow filing of supplemental third-party complaint after final judgment had been entered in main case and time for filing for rehearing had expired. Fact that motion for additional attorney's fees and costs was pending in trial court does not change result where court was acting under its reservation of jurisdiction to award attorney's fees, and court exceeded that jurisdiction by granting relief on any other basis.
  • Travelers Casualty and Surety Company of America v. Sidman, et. al. (Fla. 2d DCA). Jurisdiction/civil procedure. Companion case to Travelers Casualty and Surety Company of America v. Culbreath Isles Property Owners Assoc. et. al. (Fla. 2d DCA).
  1. GEORGIA
  • No Georgia decisions published.
  1. FEDERAL APPELLATE DECISIONS
  • No Florida or Georgia decisions published.
  1. ADMINISTRATIVE LAW/AGENCY DECISIONS
  • Florida OIR Approves Rate Increases for Citizens Property Insurance Corp. Commercial Lines and Coastal Accounts. Florida Office of Insurance Regulation (Office) issued an Order establishing commercial lines account and coastal rates for Citizens Property Insurance Corporation (Citizens). The effective dates for new and renewal rates on all commercial lines account policies are January 1, 2013 and February 1, 2013 for all coastal account policies.
  • Final Order, In the Matter of Michael McIntosh and Phoenix Financial Solutions, Inc., Case No. 111204-10-AG. The Florida Department of Financial Services (“FDFS”) entered a Final Order imposing a $5,000 fine on Respondents and adopting Administrative Law Judge‟s Recommended Order. The Administrative Law Judge found that the FDFS proved that Respondents unlawfully solicited churches and church members to purchase life insurance or receive life insurance benefits. Respondents maintained a website with detailed information explaining how a comprehensive insurance program worked, including costs and benefits of the insurance program. However, the Administrative Law Judge found that the FDFS did not prove Respondents were guilty of charging unlawful rebates for insurance or of knowingly making misrepresentations as to insurance.
  • Final Order, Secure Enterprises, LLC. v. Office of Insurance Regulation and Financial Services Commission, Case No. 12-1944RX. Challenge to Florida OIR‟s rules 69O-170.017 and 69O-170.0155, F.A.C. and incorporated forms OIR-B1-1699 and OIR-B1-1655, which provide for premium discounts on homeowners‟ policies for certain wind-mitigation fixates and construction techniques and notice of the availability of the premium discounts. The Administrative Law Judge invalidated OIR-B1-1699, page 1 as to existing construction, but not page 2 regarding new construction. The Administrative Law Judge also invalidated Tule 69O-170.0155(k), F.A.C., and OIR-B1-1655 finding that the notice about shutters misleads homeowners by suggesting that the only form of impact resistivity is shutters, and that the omission from the form of any mention of fixtures and construction techniques to enhance the strength of doors, windows, and skylights modifies and contravenes section 627.0629(1), Fla. Stat. and is arbitrary.
  1. NOTICES OF ADMINISTRATIVE RULEMAKING PROCEEDINGS
    1. RULE DEVELOPMENT
  • No rule development workshops or meetings reported in Florida or Georgia.
  1. PROPOSED RULES - FLORIDA ONLY REPORTED
  • Rule 59G-4.020, F.A.C. - Ambulatory Surgical Center Services. The purpose of the proposed amendment to Rule 59G-4.020 is to incorporate by reference the revised Florida Medicaid Ambulatory Surgical Center Services Coverage and Limitations Handbook, January 2012. The revised handbook will now incorporate updated policy related to reimbursement. An update is needed to the reimbursement policy, procedure codes and payment groups used for ambulatory surgical centers (ASCs). A hearing will be held on November 15, 2012 from 10:00 a.m. to 11:00 a.m., Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room C, Tallahassee, FL.
  • Rule 59G-4.320, F.A.C. - Therapy Services. The purpose of the amendment to Rule 59G-4.320 is to incorporate by reference the Florida Medicaid Therapy Services Coverage and Limitations Handbook, September 2012. The rule will update the Medicaid Therapy Services Coverage and Limitations Handbook by clarifying policy and requiring prior authorization for therapy treatment visits, effective November 2011. The prior authorization requirement will satisfy a legislative mandate requiring utilization management for therapy services reimbursed by Medicaid set forth in section 409.912(40), F.S. A hearing will be held on November 15, 2012 from 2:00 p.m. to 3:00 p.m., Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room B, Tallahassee, FL.
  • Rule 69O-142.011 – Insurer Conduct Penalty Guidelines. The Florida OIR published notice that it withdrew the proposed repeal of Rule 69O-142.011, F.A.C.
  1. MEETING NOTICES OF INTEREST/MISCELLANEOUS