I blogged here about the action of the Florida State Office of Insurance Regulation suspending the ability of Allstate Insurance to write new insurance poliicies in that state.  Allstate immediately appealed that ruling.  Today the First District Court of Appeal in Florida upheld the action of the Office of Insurance Regulation.  You can find the decision on the court's website here.  

There are a number of bits of information that are worthwhile.  Part of the issues involved in the case surround Allstate's refusal to produce the McKinsey documents that David Berardinelli has worked tirelessly to have re-produced to him.  While Allstate argued that the complete ban on writing new business in Florida was too harsh, the appellate court wasn't buying it. 

After the decision was issued today, Allstate made available for public access what it claims is all the McKinsey documents.  I'm sure we'll hear more about this matter in the coming days and weeks. 


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Don Levit 11/17/2008 01:47 PM
Brian; Thanks for posting this very interesting court case. From your experience, has an insurer ever had a legitimate reason for this type of stonewalling? Don Levit
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Brian S. King 11/17/2008 01:47 PM
For the McKinsey & Co documents, Allstate had been ordered by a number of different courts to produce the documents and had refused to do so. So on that score, the answer to your question is "no.' Once a trial court orders the production of relevant documents and that order is reviewed and upheld by an appellate court and all appeals are exhausted, as happened to Allstate for the McKinsey documents in Missouri and perhaps in New Mexico, there is no justification for stonewalling. There may be justifications for an insurer to refuse to disclose certain documents upon request of an insurer or a department of insurance. But this situation with Allstate and the McKinsey documents is really quite extraordinary.
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