Florida/Georgia Personal Injury & Workers Compensation

...ays before the fatal accident to appellants’ deceased. On the other hand, appellants contend that the attempted cancellation was void because it was in violation of a provision of Florida’s Unfair Insurance Trade Practices Act (UITPA), Fla.Stat. § 626.951 et seq., specifically, Fla.Stat....

...Plaintiffs’ argument ignores the fact that the holding in Coira also cited Cycle Dealers as supporting precedent. It thus seems clear that both Florida courts which have considered the issue have relied on Fla.Stat. § 626.9631, supra. That statute, by its own terms, applies to all of the UITPA (Fla.Stat. §§ 626.951-.99), including the alleged unfair and deceptive act complained of by Plaintiffs herein....

...at the Florida legislature intended to create a private cause of action against an insurance company or its agents for violating the specific sliding provisions of section 626.9541(1)(z). The Florida legislature expressed its intent unambiguously in section 626.951(1) as to the avowed purpose of the statutory scheme embodied in the UITPA: "[t]he purpose of this part is to regulate trade practices relating to the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Pub.L....

...(3) [utilization review....”). With respect to Defendant’s alleged misrepresentation as to the terms of Plaintiffs Policy, the Court notes that the Code prohibits such misrepresentation. Specifically, Florida’s Unfair Insurance Trade Practices Act, Fla. Stat. § 626.951 et seq....

...Further, “[a] phrase must be viewed in the context of the entire statutory section.” WFTV, Inc. v. Wilken, 675 So. 2d 674, 678 (Fla. 4th DCA 1996). Turning to the subject statute, section 626.9551 is part of Florida’s Unfair Insurance Trade Practices Act, see section 626.951(2), Florida Statutes (2015), and is entitled “Favored agent or insurer; coercion of debtors.” The statute provides in relevant part: (1) No person may: .... (d) Use or provide to others insurance information r...

...urity Connecticut had recognized the right of three of her deceased husband's fellow retired employees to convert their group coverage to individual policies for amounts in excess of $2,000. She sought recovery below based upon estoppel, waiver, and section 626.951 et seq., Florida Statutes; however, none of these theories provide a basis for recovery given the facts and circumstances of this case....