02-001785F And Justice For All, Inc., D/B/A Legal Club Of America vs. Department Of Insurance Status: Closed DOAH Final Order on Monday, May 20, 2002.

Summary: Petitioner entitled to attorney`s fees where Department`s final order reversing the Recommended Order was reversed on appeal.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AND JUSTICE FOR ALL, INC., d/b/a )

LEGAL CLUB OF AMERICA, )

)

Petitioner, )

)

vs. ) Case No. 02 - 1785F

)

DEPARTMENT OF INSURANCE, )

)

Respondent. )

___________________________________)

FINAL ORDER

This cause came before the undersigned on Petitioner's

Motion for Attorney's Fees filed May 1, 2002.

APPEARANCES

For Petitioner: Marci A. Rubin, Esquire

Legal Club of America

1601 North Harrison Parkway

Suite 200, Building A

Sunrise, Florida 33323

For Respondent: Bob Prentiss, Esquire

Division of Legal Services

612 Larson Building

200 East Gaines Street

Tallahassee, Florida 32399

STATEMENT OF THE ISSUE

The issue presented is whether Petitioner is entitled to be

reimbursed for its attorney's fees incurred in the underlying

proceeding.

FINDINGS OF FACT

1. On December 31, 1997, Resp ondent Department of

Insurance issued its Notice of Intent to Issue Cease and Desist

Order, alleging that Petitioner And Justice for All, Inc., d/b/a

Legal Club of America, was engaged in the legal expense

insurance business without being properly licensed , and

Petitioner requested an evidentiary hearing regarding that

Notice of Intent. That cause was thereafter transferred to the

Division of Administrative Hearings and assigned DOAH Case No.

98 - 0442.

2. Prior to the scheduled evidentiary hearing, the par ties

stipulated that there remained no genuine issues of material

fact and that the controversy could be resolved based upon an

agreed record, a joint pre - hearing stipulation, and proposed

recommended orders. After the submission of those documents, a

Rec ommended Order was entered on February 3, 2000, finding that

Petitioner was not selling legal expense insurance and,

therefore, was not subject to regulation by the Department.

3. On May 2, 2000, the Department entered its Final Order

modifying portions o f the Recommended Order and finding that

Petitioner was selling legal expense insurance and was subject

to regulation by the Department.

4. Petitioner appealed that Final Order. On September 26,

2001, the District Court of Appeal of Florida, First Distri ct,

filed its Opinion finding that the Department improperly

rejected the holdings in the Recommended Order, reversing the

Department's Final Order, and remanding the cause for entry of

an order consistent with its Opinion.

5. On January 11, 2002, the Dep artment entered its Amended

Final Order determining that Petitioner was not selling legal

expense insurance and was not subject to regulation by the

Department.

6. On May 1, 2002, Petitioner filed its Motion for

Attorney's Fees in this cause seeking an a ward for fees incurred

in the underlying proceeding in the amount of $7,500, pursuant

to Section 120.595(3), Florida Statutes. On May 14, 2002, the

Department filed its Response to Motion for Attorney's Fees,

alleging that the Department does not dispute the factual or

legal basis for Petitioner's Motion and further alleging that

the Department has no objection to the Motion being granted.

CONCLUSIONS OF LAW

7. The Division of Administrative Hearings has

jurisdiction over the parties hereto and the subjec t matter

hereof. Sections 120.569 and 120.57(1), Florida Statutes.

8. The amount of attorney's fees sought by Petitioner

appears to be reasonable.

It is, therefore,

ORDERED that:

1. Petitioner's Motion for Attorney's Fees is granted.

2. Respondent De partment of Insurance is hereby ordered to

pay Petitioner And Justice for All, Inc., d/b/a Legal Club of

America, the amount of $7,500 in attorney's fees.

DONE AND ORDERED this 20th day of May, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

LINDA M. RIGOT

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 20th day of May, 2002.

COPIES FURNISHED:

Honorable To m Gallagher

State Treasurer/Insurance Commissioner

Department of Insurance

The Capitol, Plaza Level 02

Tallahassee, Florida 32399 - 0300

Mark Casteel, General Counsel

Department of Insurance

The Capitol, Lower Level 26

Tallahassee, Florida 32399 - 0300

Ma rci A. Rubin, Esquire

Legal Club of America

1601 North Harrison Parkway

Suite 200, Building A

Sunrise, Florida 33323

Bob Prentiss, Esquire

Division of Legal Services

612 Larson Building

200 East Gaines Street

Tallahassee, Florida 32399 - 0333

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is

entitled to judicial review pursuant to Section 120.68, Florida

Statutes. Review proceedings are governed by the Florida Rules

of Appellate Procedure. Such proceedings are commenced by

filing one copy of a notice of appeal with the Clerk of the

Division of Administrative Hearings and a second copy,

accompanied by filing fees prescribed by law, with the District

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

Appeal in the Appellate District where the party resides. The

notice of appeal must be filed within 30 days of rendition of

the order to be reviewed.