New England Intern. Sur., Inc. v. State of Fla., Dept. of Ins.
| Decision Date | 26 August 1987 |
| Docket Number | No. 87-0356,87-0356 |
| Citation | 12 Fla. L. Weekly 2088,511 So.2d 731 |
| Parties | 12 Fla. L. Weekly 2088 NEW ENGLAND INTERNATIONAL SURETY, INC., a foreign corporation, Appellant, v. STATE OF FLORIDA, DEPARTMENT OF INSURANCE and Bill Gunter as Insurance Commissioner and Treasurer of the State of Florida, Appellees. |
| Court | Florida District Court of Appeals |
Thomas D. Daiello of Marchbanks & Feaman, P.A., Boca Raton, for appellant.
John E. Hale and Richard W. Thornburg, Dept. of Ins., Tallahassee, for appellees.
On April 10, 1986 appellee, the State of Florida, Department of Insurance (Department), filed an administrative complaint against appellant New England International Surety, Inc. (New England) alleging New England was not authorized by the Department to engage in the business of insurance under the laws of any state of the United States. The complaint further alleged that New England had entered into a contract of reinsurance with Dyna Span Corporation in Boca Raton, as well as other policies of reinsurance for persons or businesses in the cities of Tampa, Merritt Island, Panama City, Cocoa, Fort Myers and Fernandina Beach. On November 21, 1986, the Department filed a first amended complaint alleging that New England had illegally effectuated a contract of reinsurance with Dyna Span and had issued policies to persons or businesses in eighteen cities in Florida as well as cities in three other states. New England was given notice in both complaints that after a hearing, the Department intended to enter an order for New England to cease and desist from engaging in the business of insurance in this state. In response to the complaints, New England requested a formal hearing pursuant to section 120.60, Florida Statutes (1985).
On December 8, 1986, New England filed a petition for declaratory and injunctive relief in the circuit court of Palm Beach County. The complaint alleged that New England was not subject to the laws of Florida regulating insurance because federal law allowing New England to conduct its business preempts state law. On January 5, 1987, the Department filed a motion to dismiss the complaint or in the alternative to grant a change of venue. After a hearing on January 22, 1987, the trial court denied the motion to dismiss but granted a motion for change of venue. New England has timely appealed the portion of the order granting a change of venue, alleging that the sword wielder doctrine is applicable entitling it to maintain the declaratory relief action in Palm Beach County.
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...venue rule. See Dickinson v. Fla. Nat'l Org. for Women, 763 So.2d 1245 (Fla. 4th DCA 2000); New England Int'l Sur., Inc. v. State of Fla. Dep't of Ins., 511 So.2d 731, 733 (Fla. 4th DCA 1987) (concluding that insurer could not maintain its action for injunctive and declaratory relief in Pal......
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Dickinson v. FL NAT. ORGANIZATION FOR WOMEN, INC.
...the sword wielder exception would not apply to excuse compliance with the home venue rule. In New England Int'l Sur., Inc. v. State of Fla. Dep't of Ins., 511 So.2d 731, 733 (Fla. 4th DCA 1987), we concluded that an insurer could not maintain its action for injunctive and declaratory relief......