I. STATE APPELLATE DECISIONS
A. FLORIDA
- Makryllos v. Citizens Property Insurance Corp. (Fla. 2nd DCA). Homeowners/proof of loss. Trial court erred in entering summary judgment in favor of insurer in action by insured on ground that insured failed to provide timely proof of loss, where there was factual issue as to whether insurer waived its right to rely on policy condition requiring submission of proof of loss within sixty days of insurer's request by instructing insured to submit the proof of loss prior to or at examination under oath. Furthermore, factual issue as to whether insured's cooperation by giving insurer a sworn proof of loss before summary judgment was entered was sufficient to avoid policy condition that no action can be brought against insurer unless there has been compliance with policy provisions.
B. GEORGIA
- No Georgia state appellate decisions reported.
II. FEDERAL APPELLATE DECISIONS
- No Florida or Georgia federal appellate decisions reported.
III. ADMINISTRATIVE LAW/AGENCY DECISIONS
- In the Matter of Justin Alexander Cherry, DFS Case No. 113922-11-AG. Final Agency Order entered by Florida Department of Financial Services adopting recommendation made by the Administrative Law Judge and dismissing the Administrative Complaint filed against the insurance agent.
IV. NOTICES OF ADMINISTRATIVE RULEMAKING PROCEEDINGS
A. FLORIDA
- Rules 69B-228.180 (Forms) and 69-228.220, F.A.C. (Licensee Compliance; Requirements; Penalties), Department of Financial Services, Division of Insurance Agents and Agency Services. The proposed rule amendments seeks to implement changes made by Chapter 2012-209, Laws of Florida, to section 626.2815, Fla. Stat. Effective October 1, 2014, licensees will be required to complete a 5-hour update course every 2 years which is specific to the license held by the licensee and cover insurance law updates, premium discounts, ethics, disciplinary trends, industry trends, and suitability of insurance products. Since all licensees have 24 months to complete their continuing education requirements, the new law will affect those licensees who began their continuing education cycle on November 1, 2012 and will complete the cycle in October, 2014. The proposed rule amendments will allow continuing education providers to develop appropriate course materials, submit them for approval by the Department, and then offer the courses to licensees. If requested in writing and not deemed unnecessary by the agency, a rule development workshop will be held on January 11, 2013, 10:00 a.m., Room 142, Larson Building, 200 E. Gaines Street, Tallahassee, FL. The text of the proposed rules is available at http://www.MyFloridaCFO.com/LegalServices/ruleHearing/.
- Rule 69O-149.003, F.A.C. – Office of Insurance Regulation Rate Filing Procedures. Notice of Change published to Proposed Rule 69O-149.003, F.A.C. to address concerns made at the public hearing. The changes to section (5)(a) are deleted. The remainder of the proposed rule reads as previously published.
B. GEORGIA
- No Georgia rulemaking proceedings published.
V. MEETING NOTICES OF INTEREST/MISCELLANEOUS
- Agency for Health Care Administration – Health Information Exchange. On January 18, 2013, 10:00 a.m., Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room A, Tallahassee, FL. The Health Information Exchange Legal Work Group will meet to review legal policies for health information exchange including provisions of subscription agreements for health information exchange. The agenda will be posted at: http://www.fhin.net/content/committeesAndCouncils/index.shtml seven (7) days prior to the meeting.
- Department of Business and Professional Regulation - Board of Employee Leasing Companies Meetings. On February 20, 2013, 9:00 a.m. Probable Cause Panel meeting; February 20, 2013, 1:00 p.m. - General Business Meeting and February 21, 2013, 9:00 a.m. - General Business Meeting, at Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, FL. A copy of the agenda may be obtained by contacting: Department of Business and Professional Regulation, Board of Employee Leasing Companies, 1940 North Monroe Street, Tallahassee, FL, or by calling (850) 487-1395.
- Department of Business and Professional Regulation - Board of Employee Leasing Companies Teleconference Meeting. March 19, 2013, 10:00 a.m. EST or soon thereafter, (888) 670-3525, Conference Pass code: 7489217568 then #. Matters to be discussed relate to general business of the Board. A copy of the agenda may be obtained by contacting: Department of Business and Professional Regulation, Board of Employee Leasing Companies, 1940 North Monroe Street, Tallahassee, FL or by calling (850) 487-1395.
- Florida Workers' Compensation Joint Underwriting Association, Inc. Notice of Request for Qualifications for Reinsurance Intermediary Services. The FWCJUA issued a Request for Quotation for Reinsurance Intermediary Services on December 28, 2012. The primary role of the FWCJUA’s Reinsurance Intermediary will be to advise and assist the FWCJUA with reinsurance matters, to include placing its annual reinsurance program, ensuring FWCJUA favorable contract wording and providing sound analytics to aid in the evaluation of reinsurance proposals. The FWCJUA is not a state agency; and thus, the RFQ process is not governed by the contracting procedures applicable to state agencies set forth by Florida law. The deadline for responses to the RFQ is 12:00 p.m., Eastern Time, January 31, 2013.
- Georgia Office of the Insurance Commissioner Bulletin – Child Only Policies to be Offered January 2013. Beginning January 1, 2013, all insurance companies that sell individual health policies in Georgia must also offer “Child-Only” individual health coverage. A “Child-Only” plan is a policy that can be purchased by parents that are uninsured, whose employers do not offer health coverage to dependents, or who have had a qualifying event such as loss of coverage due to job change. A legal guardian can also purchase this type of policy if they are insured by Medicare. The open enrollment period for the “Child Only” policy is January 1-31, 2013 and coverage becomes effective on March 1, 2013.
