Florida/Georgia Personal Injury & Workers Compensation

...Brant, 141 So.2d 777, 778 (Fla. 3d DCA) (property in the hands of a receiver is legally in possession of the court), cert. denied, 146 So.2d 752 (Fla. 1962). As to issue III, appellants claim they had no notice of assessment liability, thus the assessment is void. Section 624.4414(2), Florida Statutes (1989), provides: Each employer participant shall have a contingent assessment liability pursuant to s....

...624.4415 for payment of actual losses and expenses incurred while the policy was in force. Section 624.4415(2) provides: For those multiple-employer welfare arrangements which have a valid certificate of authority before October 1, 1988, the arrangement shall comply with this section and s. 624.4414 by September 30, 1989. Section 624.4414(3) requires each policy to contain a statement of the assessment liability....

...gainst employers. This is not the test, however. Appellants must show that an ERISA provision is inconsistent with the state's assessment law, and this they have failed to do. Appellants next claim in issue VII that even if the assessment is proper, Section 624.4414(2) [6] limits assessments to actual losses; thus, the trial court erred in including the 50 percent uncollectible assessment factor, 15 percent costs for levying the assessment, 7 percent claims evaluation costs, and the 5.6 percent...

...On the contrary, Section 624.4415(5)(d) provides: The department shall have the authority to assess, as set forth in this section, all employers for all necessary funds in the event of the liquidation or the rehabilitation of the multiple-employer welfare arrangement. The phrase in Section 624.4414(2) that imposes assessment liability on employers for "payment of actual losses and expenses *440 incurred while the policy was in force" includes the funds necessary for liquidation as an expense incurred when the policy was in force....

...Sosso then testified that a computer list was generated indicating the employers to whom the notice was sent, and that that document was among those seized by the state and in possession of the department. [5] See, e.g., § 624.441(1), Fla. Stat. (1989). [6] See Section 624.4414(2), supra issue III, at page 438.

...624.4415 for payment of actual losses and expenses incurred while the policy was in force. Section 624.4415(2) provides: For those multiple-employer welfare arrangements which have a valid certificate of authority before October 1, 1988, the arrangement shall comply with this section and s. 624.4414 by September 30, 1989. Section 624.4414(3) requires each policy to contain a statement of the assessment liability....

...oyers. This is not the test, however. Appellants must show that an ERISA provision is inconsistent with the state’s assessment law, and this they have failed to do. Appellants next claim in issue VII that even if the assessment is proper, Séction 624.4414(2) 6 limits assessments to actual losses; thus, the trial court erred in including the 50 percent uncollectible assessment factor, 15 percent costs for levying the assessment, 7 percent claims evaluation costs, and the 5.6 percent receiver�...

...On the contrary, Section 624.4415(5)(d) provides: The department shall have the authority to assess, as set forth in this section, all employers for all necessary funds in the event of the liquidation or the rehabilitation of the multiple-employer welfare arrangement. The phrase in Section 624.4414(2) that imposes assessment liability on employers for “payment of actual losses and expenses *440 incurred while the policy was in force” includes the funds necessary for liquidation as an expense incurred when the policy was in force....

...Sosso then testified that a computer list was generated indicating the employers to whom the notice was sent, and that that document was among those seized by the state and in possession of the department. . See, e.g., § 624.441(1), Fla.Stat. (1989). . See Section 624.4414(2), supra issue III, at page 438.