Legal Opinion
Thrivent Financial For Lutherans v. State of Florida, Dept. of Financial Services
District Court of Appeal of Florida
Decided August 5, 2014No. 1D13-5299PublishedCited by 4 opinions
1Opinion of the CourtWolf, J.
Appellant, Thrivent Financial for Lutherans (Thrivent), appeals from a declaratory statement issued by the Department of Financial Services (DFS) interpreting section 717.107, Florida Statutes (2013). We find DFS’ interpretation of section 717.107 is clearly erroneous because it ignores the plain language of the statute. Accordingly, we reverse.
I.Relevant Statutes
Section 717.107, which is part of the Florida Disposition of Unclaimed Property-Act, requires insurers to remit to DFS any life insurance funds that remain “unclaimed” for a certain period of time— referred to as the “dormancy…
2Cases cited6 opinions
- Forsythe v. Longboat Key Beach ErosionSupreme Court of Florida · 1992
- Hechtman v. Nations Title Ins. of New YorkSupreme Court of Florida · 2003
- Murray v. Mariner HealthSupreme Court of Florida · 2008
- Hawkins v. Ford Motor Co.Supreme Court of Florida · 1999
- Regal Kitchens, Inc. v. Florida Dept. of RevenueDistrict Court of Appeal of Florida · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- SER John D. Perdue v. Nationwide Life Insurance Co.West Virginia Supreme Court · 2015
- Society for Clinical and Medical Hair etc. v. Department of Health, Board of MedicineDistrict Court of Appeal of Florida · 2015
- SER John D. Perdue v. Nationwide Life Insurance Co.West Virginia Supreme Court · 2015
- Velez v. CoAdvantage, Epoch ManagementDistrict Court of Appeal of Florida · 2017