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OFF. OF INS. REGULATION v. SERVICE INS. CO.

No. 1D09-5799.

50 So.3d 637 (2010)

OFFICE OF INSURANCE REGULATION and Financial Services Commission, Appellants, v. SERVICE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 2011.

Attorney(s) appearing for the Case

S. Marc Herskovitz and Elenita Gomez , Office of Insurance Regulation, Tallahassee, for Appellants.

Douglas A. Mang and Richard J. Santurri of Mang Law Firm, P.A., Tallahassee; Maria E. Abate and Randon E. Loeb of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Ft. Lauderdale, Amicus Curiae, for Appellee.

PER CURIAM.

The Office of Insurance Regulation and the Financial Services Commission, Appellants, appeal a final order determining that Florida Administrative Code Rule 690-170.105(1)(d) was an invalid exercise of delegated legislative authority. They argue, among other things, that the administrative law judge ("ALJ") erred in exercising jurisdiction to review the rule, which had expired by repeal of its enabling statute before Service Insurance Company, Appellee...

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