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JAMES MITCHELL & CO. v. FL. DEPT. OF INS.

No. 95-2751.

679 So.2d 334 (1996)

JAMES MITCHELL & CO., JMC Insurance Services, Inc., James K. Mitchell, and JMC Financial Corporation, Appellants, v. FLORIDA DEPARTMENT OF INSURANCE AND TREASURER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 4, 1996.

Attorney(s) appearing for the Case

James F. Carroll of Eckert, Seamans, Cherin & Mellott, Ft. Lauderdale, for Appellants.

Dennis Silverman, Robert Prentiss and Karen Asher-Cohen of Florida Department of Insurance, Tallahassee, for Appellee.

ALLEN, Judge.

The appellants challenge a final order of the Department of Insurance (the department) by which the appellants were found to have violated provisions of the insurance code. We conclude that section 626.988(2), Florida Statutes, does not apply to insurance agencies, as opposed to individual agents, and therefore set aside that portion of the final order by which the department determined that the agency involved herein had violated this statutory provision...

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