FPCA Automobile Division Reminder: SIU Meeting June 24

Jun 22, 2009

REMINDER:  A meeting of Special Investigative Unit (“SIU”) personnel employed by Florida Property and Casualty Association (“FPCA”) members will be held on Wednesday, June 24, 2009, from Noon-3:00 p.m. in the Colodny Fass Fort Lauderdale Office at One Financial Plaza, 23rd Floor, 100 Southeast Third Avenue.  Lunch will be provided.

This meeting will be open only to those persons whose names have been provided in writing to the Florida Department of Financial Services, Division of Insurance Fraud (“Division”) as designated employees pursuant to Section 626.989(4)(d), Fla. Stat.  Each insurer is responsible for ensuring that the personnel in attendance at this meeting have been designated pursuant to Section 626.989(4)(d), Fla. Stat.  Accordingly, please ensure such designations have been made prior to the meeting.

Section 626.989 provides qualified immunity for those specifically designated persons and insurers and further allows the sharing of information relating to persons suspected of committing fraudulent insurance acts with other specifically designated employees designated by the applicable insurers.  However, please be aware that the qualified immunity conferred on any insurer or its designated employees will be forfeited with respect to the exchange or publication of any defamatory information with third persons who are not also designated insurer employees authorized to share in such information.

Please note that the designation required in Section 626.989(4)(d) to qualify for immunity and allow the exchange of information is not the same designation required by Section 626.9891, which requires insurers to establish SIUs or anti-fraud plans and identify the assigned personnel to the Division.  Designated persons under Section 626.989(4)(d) are maintained by the Division in a separate database.  If the addition of designated employees is needed, or the verification of whether the appropriate employees are designated, please contact Denise Prather via e-mail at the Division at:  DIFSIUAdmin@fldfs.com.


Please RSVP your attendance by Tuesday, June 23, to Katie Webb at kwebb@cftlaw.com.