ZIMMERMAN v. STATE, OFFICE OF INS. REG.

No. 4D06-1516.

944 So.2d 1163 (2006)

Paul ZIMMERMAN, John W. Uribe, John Livoti, Jonathan D. Nitkin, Angela Daley, Helen Esterline, and Edna Buchanan, on behalf of themselves and all other persons similarly situated, Appellants, v. STATE of Florida, OFFICE OF INSURANCE REGULATION, successor to Department of Insurance, and Citizens Property Insurance Corporation, successor to Florida Windstorm Underwriting Association, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 25, 2007.


Attorney(s) appearing for the Case

John C. Davis of Law Office of John C. Davis, Tallahassee, and C. Wes Pittman of Pittman & Perry, P.A., Panama City, for appellants.

S. Marc Herskovitz, Legal Services Division, Office of Insurance Regulation, Tallahassee, for appellee Office of Insurance Regulation.

Howard M. Talenfeld, Joanne C. Springer and Michael Colodny of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Fort Lauderdale, for appellee Citizens Property Insurance Corporation.


HAZOURI, J.

The named Appellants own property in Miami-Dade and Broward counties, insured against windstorm damage by Citizens Property Insurance Company (Citizens), a successor in interest to the Florida Windstorm Underwriting Association (FWUA). In this appeal, Appellants challenge the Office of Insurance Regulation's (OIR) determination that there was no probable cause showing that FWUA violated the rating law in setting rates effective during the period of July...

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