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01-002398F United Wisconsin Life Insurance Company vs. Department Of Insurance
 Status: Closed
DOAH Final Order on Tuesday, December 2, 2003.

View Dockets  
Summary: Petitioner attempted to recover fees and costs on the basis of "bad faith" by the Agency who mistakenly cited Section 120.569(2)(e), Florida Statutes, as authority. Petitioner is not entitled to fees and costs under the statutory provision cited.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8UNITED WISCONSIN LIFE INSURANCE )

13COMPANY, )

15)

16Petitioner, )

18)

19vs. ) Case No. 01 - 2398F

26)

27DEPARTMENT OF INSURANCE, )

31)

32Respondent. )

34)

35SUMMARY FINA L ORDER

39This cause came on for consideration on Respondent's Motion

48for Summary Final Order filed in this cause on November 3, 2003.

60Upon examination of the file in this case, and being

70otherwise advised in the premises, it is ordered that because

80Petit ioner's motion for attorney's fees and costs relies

89exclusively on Section 120.569(2)(e), Florida Statutes, the

96motion must be, and is, denied.

102As a matter of law, Petitioner is not entitled to the

113relief requested. Respondent's Motion for Summary Final Order

121is granted, further proceedings are dismissed, and the file of

131the Division of Administrative Hearings in this case closed.

140DONE AND ORDERED this 2nd day of December, 2003, in

150Tallahassee, Leon County, Florida.

154S

155DON W. DAVIS

158Administrative Law Judge

161Division of Administrative Hearings

165The DeSoto Building

1681230 Apalachee Parkway

171Tallahassee, Florida 32399 - 3060

176(850) 488 - 9675 SUNCOM 278 - 9675

184Fax Filing (850) 921 - 6847

190www.doah.state.fl.us

191Filed with the Clerk of the

197Division of Administrative Hearings

201this 2nd day of December, 2003.

207COPIES FURNISHED :

210Michael H. Davidson, Esquire

214Department of Financial Services

218612 Larson Building

221200 East Gaines Street

225Tallahassee, Florida 32399 - 0333

230John Radey, Esquire

233Rade y, Thomas, Yon & Clark, P.A.

240313 North Monroe Street, Suite 200

246Post Office Box 10967

250Tallahassee, Florida 32302

253Mark Casteel, General Counsel

257Department of Financial Services

261The Capitol, Plaza Level 11

266Tallahassee, Florida 32399 - 0300

271Honorable Tom Ga llagher

275Chief Financial Officer

278Department of Financial Services

282The Capitol, Plaza Level 11

287Tallahassee, Florida 32399 - 0300

292NOTICE OF RIGHT TO JUDICIAL REVIEW

298A party who is adversely affected by this Final Order is

309entitled to judicial review pursuant to Section 120.68, Florida

318Statutes. Review proceedings are governed by the Florida Rules

327of Appellate Procedure. Such proceedings are commenced by

335filing the original notice of appeal with the Clerk of the

346Division of Administrative Hearings and a copy, accompanied by

355filing fees prescribed by law, with the District Court of

365Appeal, First District, or with the District Court of Appeal in

376the Appellate District where the party resides. The notice of

386appeal must be filed within 30 days of rendition of the order to

399be reviewed.

Dockets
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PDF
Date
Proceedings
PDF:
Date: 07/14/2004
Proceedings: BY ORDER OF THE COURT: Appeal dismissed pursuant to Flordia Rule of Appellate Procedure 9.350(b).
PDF:
Date: 03/23/2004
Proceedings: Supplemental Index, Record, and Certificate of Record sent to the District Court of Appeal.
PDF:
Date: 03/12/2004
Proceedings: Index, Record, and Certificate of Record sent to the District Court of Appeal.
PDF:
Date: 02/20/2004
Proceedings: Index filed.
PDF:
Date: 01/06/2004
Proceedings: Letter to A. Cole from J. Wheeler enclosing Docketing Statement filed.
PDF:
Date: 12/31/2003
Proceedings: Certified Notice of Administrative Appeal sent to the First District Court of Appeal.
PDF:
Date: 12/30/2003
Proceedings: Notice of Administrative Appeal filed.
PDF:
Date: 12/02/2003
Proceedings: DOAH Final Order
PDF:
Date: 12/02/2003
Proceedings: Summary Final Order. CASE CLOSED.
PDF:
Date: 11/10/2003
Proceedings: Notice of Change of Street Address (filed by H. Thomas via facsimile).
PDF:
Date: 11/10/2003
Proceedings: United Wisconsin`s Response in Opposition to Department`s [Renewed] Motion for Summary Final Order (filed via facsimile).
PDF:
Date: 11/04/2003
Proceedings: Department`s Memorandum of Law filed.
PDF:
Date: 11/04/2003
Proceedings: Department`s Motion for Summary Final Order filed.
PDF:
Date: 08/29/2003
Proceedings: Notice of Motion Hearing. (Division of Administrative Hearings, the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida, on September 23, 2003, at 10:00 a.m.)
PDF:
Date: 07/31/2003
Proceedings: Department`s Status Report filed.
PDF:
Date: 07/24/2003
Proceedings: Sixth Status Report, Request for Leave to Supplement Motion for Reasonable Expenses and Attorney`s Fees, and Motion for Status Conference (filed by Petitioner via facsimile).
PDF:
Date: 01/28/2003
Proceedings: Order Continuing Case in Abeyance issued (parties to advise status by July 24, 2003).
PDF:
Date: 01/24/2003
Proceedings: Fifth Status Report and Motion to Continue Abeyance filed by Petitioner.
PDF:
Date: 09/04/2002
Proceedings: Order Continuing Case in Abeyance issued (parties to advise status by January 24, 2003).
PDF:
Date: 05/14/2002
Proceedings: Order Continuing Case in Abeyance issued (parties to advise status by July 25, 2002).
PDF:
Date: 05/13/2002
Proceedings: Department`s Status Report (filed via facsimile).
PDF:
Date: 03/06/2002
Proceedings: Order Continuing Case in Abeyance issued (parties to advise status by May 3, 2002).
PDF:
Date: 03/04/2002
Proceedings: Third Status Report and Motion to Continue Abeyance filed by Petitioner.
PDF:
Date: 01/10/2002
Proceedings: Order Continuing Case in Abeyance issued (parties to advise status by March 4, 2002).
PDF:
Date: 01/03/2002
Proceedings: Videotaped Deposition (of Arlene Shallan) filed.
PDF:
Date: 01/03/2002
Proceedings: Notice of Filing Video Deposition of Arlene Shallan filed by Petitioner.
PDF:
Date: 12/31/2001
Proceedings: Second Status Report and Motion to Continue Abeyance filed by Petitioner.
PDF:
Date: 11/05/2001
Proceedings: Order Continuing Case in Abeyance issued (parties to advise status by December 31, 2001).
PDF:
Date: 11/01/2001
Proceedings: Status Report and Motion to Continue Abeyance filed by Petitioner
PDF:
Date: 08/23/2001
Proceedings: Order Denying Motion to Dismiss issued.
PDF:
Date: 08/21/2001
Proceedings: Notice of Additional Authority in Support of the Department`s Motion to Dismiss, or, in the Alternative, Motion for Summary Final Order filed by Respondent.
PDF:
Date: 08/20/2001
Proceedings: United Wisconsin`s Response in Oppositoin to Department`s Motion to Dismiss or for Summary Final Order filed.
PDF:
Date: 08/13/2001
Proceedings: Department`s Motion to Dismiss, or, in the Alternative, Motion for Summary Final Order filed.
PDF:
Date: 08/07/2001
Proceedings: Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 22, 2001).
PDF:
Date: 08/03/2001
Proceedings: Consented to Motion for Abeyance filed by H. Thomas
PDF:
Date: 08/01/2001
Proceedings: Notice of Filing, Affidavit of Thomas J. Jones Regarding Reasonable Attorneys` Fees; and Affidavit of Harry O. Thomas filed.
PDF:
Date: 07/27/2001
Proceedings: Petitioner`s Response to Department`s First Request for Admissions filed.
PDF:
Date: 07/11/2001
Proceedings: Department`s First Request for Admissions filed.
PDF:
Date: 07/11/2001
Proceedings: Notice of Taking Deposition of the Department filed.
PDF:
Date: 07/10/2001
Proceedings: Subpoena ad Testificandum (2 Recieved: J. Bracher and F. Dino) filed.
PDF:
Date: 06/26/2001
Proceedings: Order issued (Respondent`s Motion to Dismiss is Denied).
PDF:
Date: 06/26/2001
Proceedings: Order of Pre-hearing Instructions issued.
PDF:
Date: 06/26/2001
Proceedings: Notice of Hearing issued (hearing set for August 15, 2001; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 06/20/2001
Proceedings: Department`s Response to Initial Order filed.
PDF:
Date: 06/20/2001
Proceedings: Department`s Motion to Dismiss filed.
PDF:
Date: 06/14/2001
Proceedings: Initial Order issued.
PDF:
Date: 06/13/2001
Proceedings: United Wisconsin`s Motion for Reasonable Expenses and Attorney`s Fees (formerly DOAH Case No. 00-3983) filed.

Case Information

Judge:
DON W. DAVIS
Date Filed:
06/13/2001
Date Assignment:
06/14/2001
Last Docket Entry:
07/14/2004
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Financial Services
Suffix:
F
 

Counsels

Related Florida Statute(s) (2):