Court rescinds Allstate order, cites clerical error

Apr 22, 2008

Tallahassee Democrat–April22, 2008

By Paul Flemming


The 1st District Court of Appeal took it all back. Allstate agents are still, for the time being, in business.

In a one-page order the court issued Monday, it denied an appeal by Allstate and seemed to give a final victory to state insurance regulators. Such a decision would have put into effect a state ban of the company doing any new business.

A second one-page order, posted later Monday evening, withdrew the initial, mistakenly released order.

The second order said:

“The court’s order issued earlier this date denying (all Allstate’s motions) . . . is withdrawn as it was issued due to clerical error.”

A ruling is still awaited.

The state’s Office of Insurance Regulation had issued a triumphant statement.

“This is a very meaningful ruling for the state of Florida,” said Insurance Commissioner Kevin McCarty, at the time of the initial, now withdrawn, order.

The release from McCarty’s office, too, was pulled back.