09-5783 COVENTRY FIRST, LLC, v. STATE OF FLORIDA, OFFICE OF INSURANCE REGULATION

State: Florida

Court: Florida First District Court

Docket No: 09-5783

Case Date: 06/09/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

COVENTRY FIRST, L L C, Appellant, v. STATE OF FLORIDA, OFFICE OF INSURANCE REGULATION, Appellee. _____________________________/ Opinion filed June 9, 2010.

CASE NO. 1D09-5783

An appeal from a final order of the Division of Administrative Hearings. Suzanne F. Hood, Administrative Law Judge. Frank J. Santry, Tallahassee; and Nathaniel S. Shapo, Tallahassee, for Appellant. Susan Dawson, Mohammad Sherif, and Sharlee Hobbs Edwards, Office of Insurance Regulation, Tallahassee, for Appellee.

ROWE. J. Coventry First, LLC (Coventry) appeals a final order of the Division of Administrative Hearings which dismissed its rule challenge, finding that the documents, policies, and procedures used by the Office of Insurance Regulation (OIR) in its examination of Florida-licensed viatical settlement providers do not

constitute unpromulgated rules in violation of Chapter 120. We affirm the ALJ's ruling that the challenged documents, policies, and procedures are not subject to the rulemaking requirements set forth in section 120.54(1), Florida Statutes. BACKGROUND Coventry First, LLC is a Delaware limited liability company licensed as a viatical settlement provider in Florida pursuant to the Florida Viatical Settlement Act (the Act).

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