777 Properties, Inc. and 441 and 541 Building, LLC; The Notice of Petition for Declaratory Statement was published December 19, 2013, in Vol. 39, No. 245 of the Florida Administrative Register. The Petitioners sought a determination by the ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Insurance Agents and Agency Services

NOTICE IS HEREBY GIVEN that the Department of Financial Services has issued an order disposing of the petition for declaratory statement filed by 777 Properties, Inc. and 441 and 541 Building, LLC on December 6, 2013. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published December 19, 2013, in Vol. 39, No. 245 of the Florida Administrative Register. The Petitioners sought a determination by the Department as to whether it is legally acceptable for a public insurance adjuster to collect a fee on: 1) the portion of an insurance claim settlement that is payable to an insured’s attorney for attorney fees and costs; and 2) the recoverable depreciation that was exempt from the contract between the insured and the public adjuster as payable prior to the public adjuster’s involvement. The Petition is asking for a determination regarding the propriety of proposed conduct of another entity, Holliday Adjusters Group, Inc., and as such, is not the proper subject for a declaratory statement. Further, a declaratory statement is not an appropriate remedy where there is related pending litigation, as in this case. Therefore, the Petition was denied by a Final Order filed on January 14, 2014.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: R. Terry Butler, Assistant General Counsel, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0333 or by email at [e-mail].