Florida Division of Administrative Hearings Remands Jurisdiction to Florida Office of Insurance Regulation on Property and Casualty Insurer Certificate of Authority in Affiliated Entity Case
Jun 7, 2011
In a June 2, 2011 order involving the Florida Office of Insurance Regulation’s (“OIR”) revocation of the Certificate of the Authority for Lillian Assurance Group (“Lillian”), a Florida domestic property and casualty insurer, the Florida Division of Administrative Hearings relinquished its jurisdiction to the OIR, explaining that ” . . . there are no material facts to be resolved by a formal evidentiary hearing.”
The OIR, which initially had approved Lillian to take out policies from Citizens Property Insurance Corporation, subsequently determined that Lillian violated the terms of its Consent Order after its management and operations were found to have become inappropriately interlocked with a Louisiana-domiciled property insurer, Lighthouse Property Insurance Corporation.
After extensive administrative court proceedings in which OIR officials and various others were deposed, the Florida Division of Administrative Hearings found that a dispute of material fact no longer existed and closed the case, citing section 120.57(1)(i), F.S. (2010) in indicating that jurisdiction in the matter is more appropriate for the “agency with final order authority.”
To access the OIR’s initial order revoking Lillian’s Certificate of Authority, click here.
To view the entire OIR v. Lillian docket, click here.
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