Courthouse and Lake Eola, Orlando, Florida. Image courtesy of New York Public Library Collection.
Continued from a previous article.
Moreover, ASIC and the Florida O.I.R. entered into a Consent Order in which ASIC agreed among other things to no longer include hidden charges such as hidden "commissions" and reinsurance premiums in the premiums it charged for lender force-placed insurance.
The evidence on these matters is detailed across parts or all of four pages in Chapter 6, n. 35, of Dennis J. Wall, Lender Force-Placed Insurance Practices published by the American Bar Association in 2015. I filed comments in the rate proceeding in question.
In Florida, at least, it seems like it would be hard for a defendant to prove that the filed rate doctrine is a good defense or a bar to subject-matter jurisdiction in a case filed over lender force-placed insurance practices. In any insurance case, whether filed in Florida or elsewhere, the lesson is clear of how the filed rate doctrine is meant to be applied:
The filed rate doctrine depends upon unrebutted evidence.
More to come.
Please Read The Disclaimer. ©2016 by Dennis J. Wall, author of "Lender Force-Placed Insurance Practices" (American Bar Association 2015). All rights reserved.
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