Annotations, Discussions, Cases:
Cases Citing Statute 627.371
Total Results: 21
904 F.3d 1314
Court of Appeals for the Eleventh Circuit | Filed: Sep 24, 2018 | Docket: 7922367
Cited 93 times | Published
noncompliance, including by adjusting the premium, id. § 627.371(2). Furthermore, whenever an insurer wishes to
285 So. 2d 386
Supreme Court of Florida | Filed: Nov 7, 1973 | Docket: 2531648
Cited 28 times | Published
...Moreover, the use of a licensed rating organization by an insurance company is optional, thus preserving the alternative right of direct filing of rate classifications to apply, and then pursuing direct appeal to the Insurance Commissioner and thereafter to the district court. §§ 627.371, 627.391....
...grieved party who quarrels with the correctness or sufficiency of it. The matter of the actual application of this material or "rate data" to arrive at the premium charged, appears to have an adequate basis for administrative review under subsequent § 627.371, the language of which is generally the same, however, insofar as the method and times of review are concerned, as provided in the section under attack, § 627.291(2). Section 627.371 expressly refers to a review and appeal by "any person aggrieved by any rate charged......
396 So. 2d 774
District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 2512049
Cited 12 times | Published
...int before the rating bureau or organization, seek review before the Department of Insurance if the rating bureau denies relief or simply fails to act within thirty days of the request, and ultimately appeal his case to this court. Sections 627.291, 627.371, 627.391, Florida Statutes (1977). Specifically, § 627.371(2) provides that if the Department of Insurance finds that the alleged noncompliance with the statute exists, the rating bureau will be given a reasonable time "in which the noncompliance may be corrected, including any premium adjustment....
678 F. Supp. 2d 1273, 2009 U.S. Dist. LEXIS 124235, 2009 WL 5342768
District Court, S.D. Florida | Filed: Nov 23, 2009 | Docket: 2338187
Cited 10 times | Published
...ompetence of that body. Id. In Florida, the Office of Insurance Regulation (OIR) has primary jurisdiction over the setting of insurance rates. Progressive Express Ins. Co. v. Reaume, 937 So.2d 1120, 1122 (Fla. 2d DCA 2006). Moreover, Florida Statute § 627.371(1) creates a detailed process for challenging an insurance rate, which requires first complaining in writing to the insurance company, then complaining to the OIR, then seeking review in the appropriate Florida District Court of Appeal. Thus, Defendant argues that Plaintiffs have failed to exhaust their administrative remedies because they have not completed these steps. The Court disagrees. The OIR only regulates insurance companies, and Florida Statute 627.371 only applies when *1278 a person challenges a rate issued by an insurer....
689 So. 2d 1127
District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 1739342
Cited 9 times | Published
...ng, not less than ten (10) days nor more than forty (40) days from the Executive Director's receipt of the Appeal. Any person or entity whose Appeal for relief is denied by the Board may appeal to the Insurance Commissioner in the manner provided by § 627.371, Florida Statutes....
716 F. Supp. 2d 1176, 2010 U.S. Dist. LEXIS 55642
District Court, M.D. Florida | Filed: Jun 3, 2010 | Docket: 2404395
Cited 8 times | Published
...nt with Plaintiffs' filed and approved rating plan. Additionally, Plaintiffs argue that, as Count II challenges a premium rate calculation and *1179 seeks a premium rate adjustment, Defendant was required to exhaust its administrative remedies under Section 627.371, Florida Statutes, before suing on Count II....
...nable juror could find for the nonmoving party. Id. Discussion Exhaustion CNA contends that FFEL's claims and defenses based on its alleged entitlement to the FCCPAP credit should be dismissed for failure to exhaust its administrative remedies under Section 627.371, Florida Statutes. [16] The Court agrees. Section 627.371 provides an administrative procedure and remedy for an insured who is "aggrieved by any rate charged, rating plan, rating system, or underwriting rule" followed or adopted by an insurer or rating organization....
...ed or adopted *1186 by a rating organization, may ... make written request of the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded her or him. Fla. Stat. § 627.371(1)....
...oceed as provided in subsection (2). Id. If the complaint states a violation of Chapter 627's provisions governing rates and ratemaking, OIR may order corrective action (including a premium adjustment) pursuant to subsections 2 and 3. See Fla. Stat. § 627.371(2) & (3)....
...of Boston, 285 So.2d 386, 389 (Fla.1973), the Florida Supreme Court concluded that application of rate data (such as an experience modification factor) to arrive at a workers' compensation insurance premium "appears to have an adequate basis for administrative review under [Section] 627.371." Given the availability of administrative review and the general rule that "[w]here an administrative remedy is provided by statute, relief must be sought by exhausting this remedy before the courts will act," id. at 390, the Court held that the insured's failure to exhaust the remedy provided by Section 627.371 precluded a challenge to the billed rates in the circuit court, id....
...discount for having a windstorm-mitigating hip roof. [17] *1187 In Serchay, the court acknowledged the distinction between rates and premium discounts but concluded that "a premium discount is inextricably linked to the rate charged and, therefore, section 627.371 applies to the plaintiffs action." 25 So.3d at 654....
...nsured essentially is claiming to have been aggrieved by the rate charged. Id. Accordingly, the court concluded generally that "a request for a `premium adjustment' necessarily must arise from a challenge to the `rate charged'" within the meaning of Section 627.371....
...n on construction of the insurance policies" (Dkt. 80 at 4), as in Elite II Furthermore, FFEL characterizes Serchay 's disagreement with Elite II as dicta. *1188 The Court concludes that FFEL was required to exhaust its administrative remedies under Section 627.371 before filing suit....
...The evident purpose of the FCCPAP credit is to effectively reduce construction classification rates that disfavor certain employers paying above-average wages. [18] As Sather put it, the FCCPAP is essentially "a rate equalization tool." Sather Aff. ¶ 21. Second, Serchay expressly held that Section 627.371 applies to a premium discount....
...art on contract), its extraordinarily broad rationale does. Serchay reasoned that because a premium adjustment necessarily changes the rate charged, a claim to a premium discount is essentially a challenge to the "rate charged" within the meaning of Section 627.371....
...y Elite II and relied on by Defendant. Absent a persuasive indication that the Florida Supreme Court would disagree with Serchay or decide the issue differently, the Court concludes that FFEL was required to exhaust its administrative remedies under Section 627.371 before seeking relief in court....
77 F. Supp. 3d 1202, 2015 U.S. Dist. LEXIS 8315
District Court, S.D. Florida | Filed: Jan 6, 2015 | Docket: 64299804
Cited 8 times | Published
afforded her or him.” Fla. Stat. § 627.371. ASIC maintains that section 627.371 provides the exclusive provides
937 So. 2d 1120, 2006 WL 2088264
District Court of Appeal of Florida | Filed: Jul 28, 2006 | Docket: 1513143
Cited 7 times | Published
...State Farm thereafter filed a petition for writ of certiorari in the Fifth District. The Fifth District agreed with State Farm and held that "the exclusive remedy for asserting a claim based on a purported violation of section 627.0651, is to seek administrative review pursuant to section 627.371, Florida Statutes (2002)....
...aint should have been dismissed, because she failed to pursue and exhaust her administrative remedies and she failed to request review in the correct court. Id. Here, we note that the OIR has primary jurisdiction over the setting of insurance rates. Section 627.371(1) further provides as follows: Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer, and any person aggrieved by any rating plan, rating system, or underwriting rule followed or adopted by a rating organization, may ....
15 So. 3d 5, 2009 Fla. App. LEXIS 788, 2009 WL 277090
District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 1660706
Cited 5 times | Published
...rule on a challenge to its premium calculations. FCCI argues that an insured that has a dispute with its carrier regarding the computation of retrospective premiums must avail itself of the administrative dispute resolution and appeals process under section 627.371, Florida Statutes (2006)....
...Thus, an insurer's motion for summary judgment should be granted in an action to collect retrospective workers' compensation premiums when the insured defends against the motion based on a challenge to *7 the good faith calculation of the premiums but has not exhausted its administrative remedies pursuant to section 627.371....
...redits under the Florida Contracting Classification Premium Adjustment Program ("FCCPAP"), monetary damages, punitive damages, and attorney's fees. Id. at *1. The insurer filed a motion to dismiss for failure to exhaust administrative remedies under section 627.371, arguing that challenges to the calculation of the insurance rate must be pursued in the administrative forum....
...Second, Elite II deals with an allegation of a bad faith refusal to refund a premium overpayment, while this case did not contain any allegations of bad faith. "Certiorari relief is appropriate where a party has failed to first exhaust his or her administrative remedies [under section 627.371]." See Progressive Express Ins....
...of Boston, 285 So.2d 386 (Fla.1973). In Florida Welding, the supreme court noted that "[t]he matter of the actual application of this . . . `rate data' to arrive at the premium charged[] appears to have an adequate basis for administrative review under . . . s. 627.371. . . ." Id. at 389. Here, NCM is challenging FCCI's application of the "rate data" to arrive at the premium charged. Pursuant to Florida Welding, this challenge should have first been raised administratively under section 627.371. While it is true that section 627.371(1) provides that a party aggrieved by the rates charged " may file a written complaint" with the administrative agency, the supreme court has held that "[w]here an administrative remedy is provided by statute, relief must be sought by exhausting this remedy before the courts will act." Id....
860 So. 2d 1050, 2003 Fla. App. LEXIS 18442, 2003 WL 22867751
District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 454612
Cited 5 times | Published
...L.D., 840 So.2d 432, 434 (Fla. 5th DCA 2003). We grant the petition. *1052 Contrary to the position taken by Gibbons, the exclusive remedy for asserting a claim based on a purported violation of section 627.0651, is to seek administrative review pursuant to section 627.371, Florida Statutes (2002)....
532 So. 2d 1133, 13 Fla. L. Weekly 2393, 1988 Fla. App. LEXIS 4691, 1988 WL 110986
District Court of Appeal of Florida | Filed: Oct 26, 1988 | Docket: 2529269
Cited 4 times | Published
...Fund, challenging appellee's retroactive assessment of premiums for medical malpractice. Appellee subsequently moved for summary judgment as to three of the counts, claiming appellants had failed to exhaust their administrative remedies pursuant to section 627.371, Florida Statutes (1985). The trial court agreed and granted a partial final summary judgment on those counts. Appellants have appealed that order, claiming that section 627.371 is inapplicable....
25 So. 3d 652, 2010 Fla. App. LEXIS 27, 2010 WL 22700
District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1194733
Cited 3 times | Published
...tioned statutes. The plaintiff also sought class action relief on behalf of all other similarly situated State Farm policyholders. State Farm moved to dismiss. State Farm alleged that the plaintiff failed to exhaust his administrative remedies under section 627.371, Florida Statutes (2007)....
...within the period prescribed by the [OIR] in the notice required by subsection (2), the insurer . . . does not make such changes . . . to correct the noncompliance . . ., then the [OIR] is required to proceed to further determine the matter. . . . *654 § 627.371, Fla....
...s or where a party resides or as otherwise provided by law. . . . § 120.68(1), (2)(a), Fla. Stat. (2007). In a thorough order, the circuit court dismissed the suit on the ground that the plaintiff failed to exhaust his administrative remedies under section 627.371. This appeal followed. "The standard for reviewing a trial court's order granting a motion to dismiss is de novo." Zeiger Crane Rentals, Inc. v. Double A Indus., Inc., 16 So.3d 907, 910 (Fla. 4th DCA 2009). The plaintiff argues that section 627.371 does not apply here because this case is not about "ratemaking" and his complaint does not challenge State Farm's rates....
...ide the statutorily-mandated premium discount. We understand the distinction which the plaintiff makes between ratemaking and premium discounts. Nevertheless, we hold that a premium discount is inextricably linked to the rate charged and, therefore, section 627.371 applies to the plaintiff's action....
...cessarily requires lowering the rate charged. Thus, to the extent an insured claims to have been wrongly deprived of a premium discount, the insured essentially is claiming to have been aggrieved by the rate charged. Such a claim finds its remedy in section 627.371. Any person aggrieved by any rate charged may request review of the manner in which the rate "has been applied," i.e., the premium. See §§ 627.371; 627.041(1). Upon sufficient complaint, the OIR is required to notify the insurer as to the manner in which to correct the noncompliance, including any "premium adjustment." See § 627.371(2). Thus, under section 627.371's plain language, a request for a "premium adjustment" necessarily must arise from a challenge to the "rate charged." The statutes upon which the plaintiff bases his action further demonstrate on their face that the rate charged and any premium discounts are inextricably linked....
...surer shall notify the policyholder of the availability and the range of each "premium discount . . . [or] other rate differential" for properties on which windstorm *655 mitigation techniques have been installed. (emphasis added) Our application of section 627.371 to the plaintiff's action here is consistent with the results of cases from three other district courts. See FCCI Ins. Co. v. NCM of Collier County, Inc., 15 So.3d 5 (Fla. 2d DCA 2009) (insured challenging good faith calculation of insurance premiums must avail itself of the administrative process under section 627.371); Progressive Express Ins. Co. v. Reaume, 937 So.2d 1120 (Fla. 2d DCA 2006) (insured alleging that her insurer charged excessive rate by violating statute prohibiting insurers from seeking excessive premium finance charges was required to first seek relief with OIR under section 627.371); State Farm Mut....
...5th DCA 2003) (insured alleging that her insurer charged excessive rate by violating statute prohibiting insurers from considering monies paid on bad faith and punitive damage claims when determining rates was making "challenge to the rate-making process" for which exclusive remedy was administrative review under section 627.371); Int'l Patrol & Detective Agency, Inc....
...Aetna Cas. & Sur. Co., 396 So.2d 774 (Fla. 1st DCA 1981) (insured alleging that its insurers charged excessive rates by violating statute requiring insurers to consider investment income when determining rates had adequate administrative remedy under section 627.371 and was barred from bringing circuit court action)....
...In Elite II, the insured sought a declaratory judgment on whether it had the right to receive premium credits under its insurer's policy. 2006 WL 1319540 at *1. The insurer requested dismissal of the case because the insured did not exhaust administrative remedies under section 627.371....
347 F. Supp. 2d 1231, 2004 U.S. Dist. LEXIS 25088, 2004 WL 2735533
District Court, M.D. Florida | Filed: Sep 15, 2004 | Docket: 2294346
Cited 2 times | Published
...As American Home correctly points out in its memorandum, the Florida Supreme Court thereby recognized the necessity of deferring to the workers' compensation system in any dispute under a workers' compensation policy. The Florida Supreme Court found that Section 627.371, Florida Statutes, provides an "adequate basis for administrative review" and that summary judgment was appropriate because the insured's "failure to exhaust administrative remedies under the statute" precluded "a challenge of the billed rates in the circuit court proceeding....
944 So. 2d 1163
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 1156977
Cited 2 times | Published
...ing the period July 2000 through June 2002." [2] Appellants sought restitution of *1166 the base rate premium charges exceeding the 1999 preexisting base rates. OIR responded by letter on June 24, 2005, advising Appellants that they must comply with section 627.371(1), Florida Statutes, by making a "written request of the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded her or him." Appellants made such a written request to Citizens on July 1, 2005....
...Citizens acknowledged receipt of Appellants' request on July 29, 2005. On October 7, 2005, Appellants contacted OIR, alleging that Citizens failed to meet the thirty-day deadline to grant the request, after which the requesting party may treat the request as rejected. See § 627.371(1), Fla....
...elief, we do not believe that probable cause exists showing any violation of the Rating Law on the part of Citizens Property Insurance Company, or its predecessor the Florida Windstorm Underwriting Association. Thus, we cannot proceed as provided by Section 627.371(2), Florida Statutes....
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211763
Published
4th DCA 2016) (Pesta I). We explained that section 627.371, Florida Statutes (2011), provides an administrative
159 So. 3d 327, 2015 WL 1018536
District Court of Appeal of Florida | Filed: Mar 9, 2015 | Docket: 2640372
Published
...order dismissing their Amended Complaint. Appellants contend that the trial court
erred in relying upon Serchay v. State Farm Florida Insurance Co., 25 So. 3d 652
(Fla. 4th DCA 2010), in concluding that they failed to exhaust the administrative
remedies provided for in section 627.371, Florida Statutes....
...years provided no material changes have been made to the structure.”
4
Appellee moved to dismiss the Amended Complaint, arguing that Appellants
had not alleged that they had exhausted administrative remedies available in
section 627.371, Florida Statutes....
...scounts, credits, rate
differentials, or reductions in deductibles, for properties on which
fixtures or construction techniques demonstrated to reduce the amount
of loss in a windstorm can be or have been installed or implemented.
Section 627.371(1), Florida Statutes (2012), the statute at issue, provides in part:
Any person aggrieved by any rate charged, rating plan, rating system,
or underwriting rule followed or adopted by an insurer, and any
person aggri...
...Adjustment Program (“FCCPAP”), monetary damages, punitive damages for bad
faith, and attorney’s fees. The defendant requested the dismissal of the cause for
failure to state a claim because the plaintiff did not exhaust its administrative
remedies under section 627.371, Florida Statutes....
...The plaintiff also sought class action relief
on behalf of all other similarly situated State Farm policyholders.
25 So. 3d at 653. The appellee successfully moved to dismiss the complaint,
arguing that the appellant failed to exhaust his administrative remedies under
section 627.371. Id.
The appellant argued on appeal that section 627.371 did not apply because
the case was not about ratemaking and because his complaint did not challenge the
appellee’s rates....
...State Farm’s failure to provide the statutorily-mandated premium discount.” Id. In
rejecting the appellant’s argument and affirming the trial court’s dismissal, the
Fourth District held that a premium discount is “inextricably linked to the rate
charged and, therefore, section 627.371 applies to the plaintiff’s action.” Id....
...The
8
Fourth District reasoned as follows:
[T]o the extent an insured claims to have been wrongly
deprived of a premium discount, the insured essentially is claiming to
have been aggrieved by the rate charged.
Such a claim finds its remedy in section 627.371. Any person
aggrieved by any rate charged may request review of the manner in
which the rate “has been applied,” i.e., the premium. See §§ 627.371;
627.041(1). Upon sufficient complaint, the OIR is required to notify
the insurer as to the manner in which to correct the noncompliance,
including any “premium adjustment.” See § 627.371(2). Thus, under
section 627.371’s plain language, a request for a “premium
adjustment” necessarily must arise from a challenge to the “rate
charged.”
The statutes upon which the plaintiff bases his action further
demonstrate...
...insurer shall notify the policyholder of the availability and the range
of each “premium discount ... [or] other rate differential” for
properties on which windstorm mitigation techniques have been
installed. (emphasis added)
Our application of section 627.371 to the plaintiff's action here
is consistent with the results of cases from three other district courts.
See FCCI Ins. Co. v. NCM of Collier County, Inc., 15 So.3d 5 (Fla. 2d
DCA 2009) (insured challenging good faith calculation of insurance
premiums must avail itself of the administrative process under section
627.371); Progressive Express Ins....
...Reaume, 937 So.2d 1120
(Fla. 2d DCA 2006) (insured alleging that her insurer charged
excessive rate by violating statute prohibiting insurers from seeking
excessive premium finance charges was required to first seek relief
with OIR under section 627.371); State Farm Mut....
...prohibiting insurers from
considering monies paid on bad faith and punitive damage claims
when determining rates was making “challenge to the rate-making
process” for which exclusive remedy was administrative review under
section 627.371); Int’l Patrol & Detective Agency, Inc....
...Co., 396 So.2d 774 (Fla. 1st DCA 1981) (insured alleging that
its insurers charged excessive rates by violating statute requiring
insurers to consider investment income when determining rates had
adequate administrative remedy under section 627.371 and was barred
from bringing circuit court action).
We find inapplicable the cases upon which the plaintiff relies,
but we choose to address one of those cases, Elite II v....
...insurance policies to apply a premium credit provided by the FCCPAP. Id. The
plaintiffs argued that because Count II challenged a premium rate calculation and
sought a premium rate adjustment, the defendant was required to exhaust its
administrative remedies under section 627.371....
...at 1187. After noting that the
Fourth District in Serchay disagreed with the Elite II opinion, the district court set
forth:
The Court concludes that [the defendant] was required to
exhaust its administrative remedies under Section 627.371 before
filing suit....
...about premium rates is incorrect. The evident purpose of the
FCCPAP credit is to effectively reduce construction classification
rates that disfavor certain employers paying above-average wages. . . .
Second, Serchay expressly held that Section 627.371 applies to
a premium discount....
...on contract), its extraordinarily broad rationale does. Serchay
reasoned that because a premium adjustment necessarily changes the
rate charged, a claim to a premium discount is essentially a challenge
to the “rate charged” within the meaning of Section 627.371.
Fourth, FCCI Ins....
...by Defendant. Absent a persuasive indication that the Florida
Supreme Court would disagree with Serchay or decide the issue
differently, the Court concludes that [the defendant] was required to
exhaust its administrative remedies under Section 627.371 before
seeking relief in court....
...based on Appellee’s re-inspection rights is unavailing. By virtue of the fact that
Appellants filed suit against Appellee and alleged a loss of premium discounts and
credits, Appellants have been “aggrieved by any rate charged” pursuant to section
627.371(1)....
...valid for five years provided no material
changes have made to the structure.” To the extent that Appellants wish to argue
that Appellee failed to abide by its policy manual and rating rules by re-inspecting
its insureds’ properties too soon, section 627.371(1) is the appropriate avenue for
relief. We note also that Appellants’ other exhibits, including insurance policies,
were stamped “Approved” by OIR. Given such, Appellants have failed to
persuade us that they cannot proceed in the manner provided for in section 627.371
in seeking a resolution of the issue as to whether, pursuant to their policy with
Appellee, they are entitled to overpaid premiums as a result of Appellee’s
inspections.
While Appellants also take issue with the trial cour...
... to fortify their structures against windstorm damage and to lessen their costs of
insurance.” Appellants acknowledge on appeal that their declaratory relief action
was an attempt to circumvent the requirement to pursue administrative relief
pursuant to section 627.371....
689 So. 2d 1127, 1997 Fla. App. LEXIS 1411
District Court of Appeal of Florida | Filed: Feb 25, 1997 | Docket: 64771785
Published
Insurance Commissioner in the manner provided by § 627.371, Florida Statutes. A transcript of any Appeal
944 So. 2d 1163, 2006 Fla. App. LEXIS 20785
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 64848322
Published
advising Appellants that they must comply with section 627.371(1), Florida Statutes, by making a “written
District Court of Appeal of Florida | Filed: Apr 30, 2018 | Docket: 6379299
Published
letter to Citizens, requesting relief under section 627.371(1), Florida Statutes. 1 The letter stated that
