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AMERICAN INS. ASS'N v. FLORIDA DEPT. OF INS.

Nos. 94-1211, 94-1214 and 94-1178.

646 So.2d 784 (1994)

AMERICAN INSURANCE ASSOCIATION, National Association of Independent Insurers, and Florida Windstorm Underwriting Association, Appellants, v. FLORIDA DEPARTMENT OF INSURANCE and Florida Property and Casualty Joint Underwriting Association, Appellees.

District Court of Appeal of Florida, First District.

November 30, 1994.

Attorney(s) appearing for the Case

Caleb L. Fowler, Washington, DC, and Thomas J. Jones and Susan L. Turner, Holland & Knight, Tallahassee, for appellant American Ins. Ass'n.

Vincent J. Rio, III and Mark K. Delegal of Taylor, Day & Rio, Tallahassee, for appellant Nat. Ass'n of Independent Insurers.

Christine R. Milton of Mahoney, Adams & Criser, Jacksonville and J. Riley Davis and David A. Yon, and Daniel C. Brown of Katz, Kutter, Haigler, Alderman, Marks & Bryant, Tallahassee, for appellant Florida Windstorm Underwriting Ass'n.

William O'Neil, Daniel Y. Sumner, Dennis Silverman and Robert Prentiss, Dept. of Ins., for appellee the Florida Dept. of Ins.

Michael Colodny and Doris Vigo of Colodny, Fass & Talenfeld, Ft. Lauderdale, for appellee Florida Property and Cas. Joint Underwriting Ass'n.

Stephen C. Burgess, Ins. Consumer Advocate, Tallahassee, Intervenor.

KAHN, Judge.

These consolidated appeals are from an Immediate Final Order (IFO) issued by the Department of Insurance (DOI) to the Florida Windstorm Underwriting Association (FWUA) and the Florida Property and Casualty Joint Underwriting Association (FPCJUA) regarding windstorm coverage. Appellants contend, among other things, that (1) the order did not sufficiently articulate an emergency and no emergency existed and (2) even if the order sufficiently articulated...

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