STATE APPELLATE DECISIONS
- Gomez Lawn Service, Inc. v. Gomez (Fla. 1st DCA). Workers' compensation. Plain language of version of section 440.185(1), Fla. Stat., in effect on claimant's date of accident required claimant to report injury to employer within thirty days of its occurrence. Judge of Compensation Claims had no authority to read into the statute a requirement that claimant report injury to carrier within thirty days -- Accordingly, once claimant gave notice to employer, he fully satisfied notice requirement of statute. Fact that claimant was owner of corporate employer did not change result. Carrier's arguments that appellate court lacked subject matter jurisdiction because the interests of the employer and carrier are identical and that employer had no standing to appeal because JCC's order was favorable to employer lacked merit.
- American Integrity Insurance Company of Florida v. Gainey (Fla. 2nd DCA). Homeowners’ insurance appraisal. Insurer did not waive right to appraisal by failing to provide timely notice of mediation under section 627.7015, Florida Statutes, where insured had prematurely commenced litigation against insurer. Trial court erred in granting insured's motion to enjoin appraisal proceedings and lift stay of litigation.
- No Georgia decisions published.
- FEDERAL APPELLATE DECISIONS
- No Florida or Georgia decisions published.
- ADMINISTRATIVE LAW/AGENCY DECISIONS
- Department of Financial Services, Division of Insurance Agents and Agency Services v. Justin Alexander Cherry, Case No. 11-2744PL, Division of Administrative Hearings Recommended Order (September 17, 2012). Agent discipline case. Administrative law judge found that Department did not prove by clear and convincing evidence, that Respondent violated sections 626.611 (5), (7), (9), or (13); 626.621(6); 626.9541(1)(e)1, or (1)(l); 627.4554(4)(a) or (c)2.; or Rules 69B-215.210 or 69B-215.230, F.A.C., in the sale of annuities to senior citizens. Administrative Law Judge recommended dismissal of administrative complaint.
NOTICES OF ADMINISTRATIVE RULEMAKING PROCEEDINGS
- RULE DEVELOPMENT
- No Florida or Georgia rule development noticed.
- PROPOSED RULES
- Rule 59G-13.081, F.A.C. – Medicaid - Developmental Disabilities Waiver Provider Rate Table. Public rule hearing to read rule corrections made after the initial rule hearing on August 20, 2012 that were not addressed in the public comments received thereafter. Public hearing to be held on October 9, 2012 from 1:00 p.m. to 2:00 p.m., Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room B, Tallahassee, FL.
- Rule 69O-137.001, F.A.C. - Annual and Quarterly Reporting Requirements. Florida Office of Insurance Regulation published a Notice of Correction made to this proposed rule to correct page numbering of the internet document on the NAIC web page and final draft of Rule 69O-137.001 to adopt Actuarial Guideline 38.
- Rule 69O-149.022, F.A.C. - Forms Adopted. Florida Office of Insurance Regulation published a Notice of Change made to this proposed rule to revise Forms OIR-B2-1507 and OIR Form B2-1507. A copy of the revised forms are available by contacting Tom Zutell, Office of Insurance regulation, Email Tom.Zutell@floir.com
- 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.
- MEETING NOTICES OF INTEREST/MISCELLANEOUS
- Agency for Health Care Administration – on October 11, 2012, 9:00a.m.-12:00p.m., Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, FL. General subject matter to be discussed: Diagnosis Related Group (DRG) based reimbursement payment system for hospital inpatient services. A copy of the agenda may be obtained by contacting: All meeting discussion material, including an agenda, will be posted to the Medicaid Institutional Provider Cost Reimbursement Medicaid Cost Reimbursement website at http://ahca.myflorida.com/Medicaid/cost_reim/index.shtml.
- Citizens Property Insurance Corporation Depopulation Committee Meeting – on October 9, 2012, 9:00 a.m. – 4:00 p.m., The Peabody Hotel, Orlando, FL. A copy of the agenda may be obtained by contacting: Barbara Walker, 1(800)807-7647, extension 3744 or at www.citizensfla.com.
- Florida Hurricane Catastrophe Fund Advisory Council – on October 9, 2012, 1:30 p.m. (ET) – conclusion of meeting, Room 116 (Hermitage Conference Room), 1801 Hermitage Blvd., Tallahassee, FL. Persons who wish to participate by phone may call: 1 (888) 670-3525, Conference Code: 7135858151. General subject matter to be discussed will include the October claims-paying capacity estimates and other general business of the Council. A copy of the agenda may be obtained by contacting: Donna Sirmons, Florida Hurricane Catastrophe Fund, email: firstname.lastname@example.org, phone: (850) 413-1349.
- State Board of Administration of Florida (SBA) – on October 9, 2012, 9:00 a.m. (ET) – conclusion of the meeting, Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, FL. General subject matter to be discussed: adoption of an emergency rule providing for optional date changes for certain new participants. In addition, other general business may be addressed.
- Florida Office of Insurance Regulation Approved 60,000 Additional Policies for Citizens November Take-Out.
- Florida Department of Financial Services as Receiver – SunStar Health Plan, Inc. - on September 27, 2012, distribution checks mailed. Using funds recovered by the Receiver after the May 2012 distribution, a total of 3,840 checks were mailed to Class 6 claimants representing 2.5% of the unpaid balance of the recommended and adjudicated amount owed each claimant. The total of all checks was $840,020.40. At this time, no further distributions are contemplated in this estate. The Receiver plans to close the SunStar Receivership by the end of 2012. Claimants receiving distribution checks are urged to deposit/cash the checks by the end of October 2012.