Kelly A. Cruz-Brown

• Representation of insurers and health maintenance organizations concerning rating and product approval matters before the Florida Office of Insurance Regulation.
• Representation of insurers concerning reporting of insurance premium taxes and state residual market assessments.
• Representation of insurers, health maintenance organizations, and third party administrators before the Florida Office of Insurance Regulation concerning market conduct and financial investigations and examinations.
• Representation of insurance agents, brokers, service warranty representatives, insurance agencies, managing general agents, and adjusters before the Florida Department of Financial Services and the Florida Division of Administrative Hearings concerning discipline and licensure matters.
• Representation of insurers, third party administrators, health maintenance organizations, and reinsurers before the Florida Office of Insurance Regulation concerning formation, licensure, reinsurance, and acquisition transactions.
• Representation of insurers and health maintenance organizations in administrative proceedings to challenge proposed or existing agency administrative rules.
• Representation of reinsurers in state insurance insolvency proceedings.

Representative Cases:

• Everest Re Group, Ltd. v. Department of Financial Services, 10 So. 3d 1120 (Fla. 1st DCA 2009). Petition for Writ of Certiorari regarding investigative demand in state insurance receivership proceeding.
• Office of Ins. Regulation v. AIU Ins. Co., 926 So. 2d 479 (Fla. 1st DCA 2006). Appeal of Division of Administrative Hearings’ final order regarding agency’s proposed rule concerning the Terrorism Risk Insurance Act (“TRIA”).
• State, Office of Ins. Regulation v. AIU Ins. Co., 870 So. 2d 963 (Fla. 1st DCA 2004). Agency’s petition to review non-final agency action dismissed for lack of jurisdiction.
• Haynes v. Public Employees Relations Com'n, 694 So. 2d 821 (Fla. 4th DCA 1997). Appeal of Public Employees Relations Commission’s (“PERC”) denial to reopen employee discharge case.
• Prudential Ins. Co. of America v. Florida Dept. of Ins., 694 So. 2d 772 (Fla. 2nd DCA 1997). Appeal of non-final administrative order compelling discovery of insurer documents concerning policyholder complaints of sales practices misconduct.
• Cottrill v. Department of Ins., 685 So. 2d 1371 (Fla. 1st DCA 1996). Appeal of order of the Florida Department of Insurance revoking agent license.
• In re Advisory Opinion to the Governor – State Revenue Cap, 658 So. 2d 77 (Fla. 1995). Appeared on behalf of the Florida Department of Insurance concerning application of constitutional amendment limiting growth of state revenues to property insurance residual market. Florida Supreme Court held that assessments, premiums, and policy surcharges imposed by Residential Property and Casualty Joint Underwriting Association are not state revenues within the meaning of the revenue cap amendment.