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FLORIDA DEPT. OF INS. v. GUARANTEE TRUST LIFE INSURANCE CO.

No. 1D00-4641.

812 So.2d 459 (2002)

FLORIDA DEPARTMENT OF INSURANCE and State Treasurer, Appellants, v. GUARANTEE TRUST LIFE INSURANCE COMPANY and Golden Rule Insurance Company, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 5, 2002.

Attorney(s) appearing for the Case

David J. Busch and Dennis Silverman, Tallahassee, for Appellants.

Frank J. Santry of Granger & Santry, P.A., Tallahassee, for Appellees.

BROWNING, J.

The Florida Department of Insurance (DOI) appeals the trial court's entry of declaratory judgment which held section 627.411, Florida Statutes (1997), in its entirety, unconstitutional because it delegates legislative authority to DOI. However, only that portion of section 627.411(1)(e), Florida Statutes, which provides "... or which apply rating practices which result in premium escalations that are not viable for the policyholder market..." ...

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