EXHAUSTING ADMINISTRATIVE REMEDIES REQUIRED TO CHALLENGE FLORIDA INSURANCE RATE.

In People's Trust MGA, LLC v. Pesta, ___ So. 3d ___, 2019 WL 4458813 (Fla. 4th DCA September 28, 2019), one of Florida's District Courts of Appeal held that failure to challenge rates or rating plans through the Florida Office of Insurance Regulation is jurisdictional.  In Florida, statutes exist which afford opportunities to challenge insurance rates that the Florida OIR is empowered to approve.

Failure to exhaust these administrative remedies deprives Florida trial courts of jurisdiction to entertain lawsuits which challenge insurance rates in Florida.   There was no need to address the federal filed rate doctrine in this Florida insurance case and so the Florida appellate court did not do so.

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