Legal Opinion

State Department of Insurance v. First Floridian Auto & Home Insurance

District Court of Appeal of Florida

Decided November 16, 2001No. 1D00-3233PublishedCited by 7 opinions

1Opinion of the CourtBenton, J.

The Florida Department of Insurance (the Department) appeals dismissal of its amended complaint and motion to vacate arbitration award. It sought to overturn an *773arbitration award under section 627.062(6), Florida Statutes (1999), which approved rate increases for homeowners’ insurance policies that appellees issue. Concluding that the Department failed to allege facts that would justify vacating the arbitration award under section 682.13, Florida Statutes (1999), we affirm.

I

“Whether a complaint should be dismissed is a question of law. On appeal of a judgment granting a motion to dismiss, the…

2Cases cited24 opinions

  1. Joshua v. City of GainesvilleSupreme Court of Florida · 2000
  2. Schnurmacher Holding, Inc. v. NoriegaSupreme Court of Florida · 1989
  3. Williams v. JonesSupreme Court of Florida · 1975
  4. Cassara v. WoffordSupreme Court of Florida · 1951
  5. City of Gainesville v. STATE, DOTDistrict Court of Appeal of Florida · 2001

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3Cited by7 opinions

  1. Tatibouet v. EllsworthHawaii Supreme Court · 2002
  2. Desak v. VanlandinghamDistrict Court of Appeal of Florida · 2012
  3. McKinzie v. StateDistrict Court of Appeal of Florida · 2003
  4. State Department of Insurance v. Florida Windstorm Underwriting Ass'nDistrict Court of Appeal of Florida · 2001
  5. State Department of Ins. v. Windstorm Underwriting Assoc.District Court of Appeal of Florida · 2001

2 more not listed; retrieve them via the Exa API.

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