Office of Insurance Regulation v. AIU Insurance

District Court of Appeal of Florida

Office of Insurance Regulation v. AIU Insurance

926 So. 2d 479, 2006 Fla. App. LEXIS 5851, 2006 WL 1058169

CourtDistrict Court of Appeal of Florida

DecidedApril 24, 2006

DocketNo. 1D05-2273

StatusPublished

This text of 926 So. 2d 479 (Office of Insurance Regulation v. AIU Insurance) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Office of Insurance Regulation v. AIU Insurance, 926 So. 2d 479, 2006 Fla. App. LEXIS 5851, 2006 WL 1058169 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

The Administrative Law Judge erred in concluding that the appellees had demonstrated standing to challenge proposed rule 690-170.013(7), Fla. Admin. Code. While the interests of the appellees are arguably within the zone of interests to be regulated by the proposed rule, the appel-lees did not demonstrate that application of the proposed rule will result in a real and sufficiently immediate injury in fact to afford them standing to challenge the proposed rule. See Florida Board of Medicine v. Florida Academy of Cosmetic Surgery, Inc., 808 So.2d 243 (Fla. 1st DCA 2002). The other issues are mooted by this determination. The final order is REVERSED.

BARFIELD, BROWNING, and THOMAS, JJ., Concur.

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PER CURIAM.

The Administrative Law Judge erred in concluding that the appellees had demonstrated standing to challenge proposed rule 690-170.013(7), Fla. Admin. Code. While the interests of the appellees are arguably within the zone of interests to be regulated by the proposed rule, the appel-lees did not demonstrate that application of the proposed rule will result in a real and sufficiently immediate injury in fact to afford them standing to challenge the proposed rule. See Florida Board of Medicine v. Florida Academy of Cosmetic Surgery, Inc., 808 So.2d 243 (Fla. 1st DCA 2002). The other issues are mooted by this determination. The final order is REVERSED.

BARFIELD, BROWNING, and THOMAS, JJ., Concur.

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926 So. 2d 479, 2006 Fla. App. LEXIS 5851, 2006 WL 1058169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-insurance-regulation-v-aiu-insurance-fladistctapp-2006.

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