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STATE v. FIRST FLORIDIAN AUTO INS.

No. 1D00-3233.

803 So.2d 771 (2001)

STATE of Florida DEPARTMENT OF INSURANCE, Appellant, v. FIRST FLORIDIAN AUTO AND HOME INSURANCE COMPANY, Travelers Indemnity Company, Travelers Indemnity Company of America, Phoenix Insurance Company, and Charter Oak Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 9, 2002.

Attorney(s) appearing for the Case

Steven H. Parton and Michael H. Davidson, Tallahassee, for Appellant.

John Radey, Elizabeth McArthur and David Yon of Katz, Kutter, Haigler, Alderman, Bryant & Yon, P.A., Tallahassee, for Appellees.

BENTON, J.

The Florida Department of Insurance (the Department) appeals dismissal of its amended complaint and motion to vacate arbitration award. It sought to overturn an arbitration award under section 627.062(6), Florida Statutes (1999), which approved rate increases for homeowners' insurance policies that appellees issue. Concluding that the Department failed to allege facts that would justify vacating the arbitration...

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