Make us your home page

Appeals court ruled too quickly on Allstate ban

This much we know: Allstate Corp. can keep writing new insurance policies in Florida at least until Tuesday, thanks to a premature move by an appeals court. Six days premature, to be exact.

Late Monday, the 15-member 1st District Court of Appeal in Tallahassee denied Allstate's request for a new hearing, paving the way for state regulators to ban the company from selling any new policies in the state. But half an hour after issuing its ruling, the court withdrew it, blaming the move on a clerical error.

In a rare news release Tuesday morning, the court explained that the ruling was yanked "in order to give the entire court its full time authorized by court rules to consider the motion for rehearing that was prematurely cut off by the erroneously issued order.''

Legal experts say one or more judges may have disagreed with the ruling or wanted more time to consider Allstate's April 14 motion. Another possibility is that all the judges agreed with the decision to deny Allstate another hearing, but the court noticed it has to wait 11 business days before it can weigh in, and Monday's ruling jumped the gun by nearly a week.

State regulators are trying to force Allstate to turn over documents it says are crucial to an investigation into the company's rate-setting policies. Allstate, which could lose as much as $500,000 a month in new auto business alone, says it is complying with state requests.

Neither side would comment on the case Tuesday.

But appellate lawyer Tom Elligett, an adjunct professor at Stetson University College of Law, thinks Monday's ruling denying Allstate's motion should have circulated through the court "to give more time for other court members to weigh in. By issuing it when they did, time had not yet run out."

Is it likely the court's initial decision would change?

"It doesn't appear to be a typo, where no means yes," Elligett said. "It appears to be a procedural error. Come the 29th, I think you'll see something.

"Absent the granting of a rehearing, it will be an order that looks just like what you saw Monday."

Tom Zucco can be reached at or (727) 893-8247.

Appeals court ruled too quickly on Allstate ban 04/22/08 [Last modified: Thursday, April 24, 2008 1:10pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times


Join the discussion: Click to view comments, add yours

  1. Toys 'R' Us files for bankruptcy but keeps stores open (w/video)


    NEW YORK — Toys 'R' Us, the big box toy retailer struggling with $5 billion in debt and intense online competition, has filed for bankruptcy protection ahead of the key holiday shopping season — and says its stores will remain open for business as usual.

    Shoppers shop in a Toys R Us store on Black Friday in Miami in 2016. Toys R Us, the pioneering big box toy retailer, announced late Monday, Sept. 18, 2017 it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations. [Associated Press]
  2. Trigaux: Waiting for your next pay raise? Keep dreaming, employers hint

    Working Life

    The economy's bouncing back. The stock market keeps hitting new records. And the jobless rate in Florida may soon drop below 4 percent. Surely, these are robust indicators — key signs that an annual raise is just around the corner. Right?

    Who doesn't want a pay raise? Demonstrators have rallied for years in a number of states for a $15 minimum wage. But many workers across a broad pay range are unlikely to see much if any raises this year, a new survey says. [AP Photo/Seth Wenig]
  3. Florida Guard scales down troop strength; Navy sails away from the Keys

    State Roundup

    The Florida National Guard on Monday drew down its activated statewide forces to about 1,200 on-duty troops, mostly in operations focused on relief distribution in the Florida Keys — and the last of a mini-armada of U.S. Navy ships off Key West set sail for home.

    Soldiers from the Florida National Guard's Delta Company, 1st Battallion, 124th Infantry, 53rd Infantry Brigade Combat Team on Sept. 14. The Federal Emergency Managment Agency has reported that 25-percent of all homes in the Florida Keys were destroyed and 65-percent sustained major damage when they took a direct hit from Hurricane Irma.  [Chip Somodevilla | Getty Images]
  4. LOCALE Market hosting St. Pete job fair for hospitality positions


    ST. PETERSBURG — Locale Market / FarmTable Kitchen is hosting a hospitality job fair Tuesday in St. Petersburg. The event will run from 10 a.m. to 2 p.m. at the LOCALE Market at 179 2nd Ave. North, St. Petersburg. Organizers said they hope to hire about 20 workers with a focus on displaced workers from Hurricane …

    Locale Market is hosting job fair on Tues., Feb. 19. [LARA CERRI | Times] 

  5. So far, 335,000 Irma claims totalling $1.95 billion filed in Florida


    Times Staff Writer

    As of Sunday afternoon, insurers had received a total of 335,347 claims statewide for insured damage totalling $1.95 billion caused by Hurricane Irma, the Florida Office of Insurance Regulation reported Monday based on preliminary figures.

    This shows a damaged mobile home inside Clover Leaf Farms RV Park in Brooksville. So far, insurers have received a total of 335,347 claims statewide for insured damage totalling $1.95 billion caused by Hurricane Irma.
[MEGAN REEVES   |   Times]