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THRIVENT FINANCIAL v. DEPT. OF FINANCIAL

No. 1D13-5299.

145 So.3d 178 (2014)

THRIVENT FINANCIAL FOR LUTHERANS, Appellant, v. STATE of Florida, DEPARTMENT OF FINANCIAL SERVICES, Appellee.

District Court of Appeal of Florida, First District.

August 5, 2014.

Attorney(s) appearing for the Case

Timothy G. Schoenwalder of Blank & Meenan, P.A., Tallahassee, and Andrew B. Kay of Cozen O'Connor, Washington, D.C., for Appellant.

Wendy L. Furman of Pett Furman, PL, Boca Raton , and Jason P. Gosselin and Laura M. Zulick of Drinker Biddle & Reath LLT, Philadelphia, PA, for American Council of Life Insurers, Amicus Curiae in support of Thrivent Financial for Lutherans.

Richard T. Donelan, Jr. , Chief Counsel, and Paul C. Stadler, Jr. , Assistant General Counsel, Tallahassee, for Appellee.

Steve Burgess , Insurance Consumer Advocate and Michael Kliner , Senior Attorney, Office of the Insurance Consumer Advocate, Florida Department of Financial Services, Amicus Curiae in support of Florida Department of Financial Services.

WOLF, J.

Appellant, Thrivent Financial for Lutherans (Thrivent), appeals from a declaratory statement issued by the Department of Financial Services (DFS) interpreting section 717.107, Florida Statutes (2013). We find DFS' interpretation of section 717.107 is clearly erroneous because it ignores the plain language of the statute. Accordingly, we reverse.

I. Relevant Statutes

Section 717.107, which is part...

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