education

Florida State University College of Law (J.D., 1992)
Florida State University (B.S., 1989), with honors

related practices

related industries

clerkships

Second Judicial Circuit Court, Leon County

bar admissions

Florida

court admissions

Florida State Courts
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida

spoken languages

Spanish

Kelly A. Cruz-Brown

Shareholder

Tallahassee

T: 850.513.3610

F: 850.222.0398

vCard

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Kelly Cruz-Brown practices primarily in the areas of insurance regulation and administrative law. She represents individuals, insurers, and other entities regulated under Florida’s Insurance Code before the Florida Department of Financial Services and Office of Insurance Regulation concerning form and rate filings, acquisitions, issuance of licenses/certificate of authority, market conduct and solvency examinations/investigations, market withdrawal or exits from the State of Florida, disciplinary matters, and in litigation concerning such matters, including challenges to agency administrative rules.

Ms. Cruz-Brown also represents individuals and business interests regarding licensure and disciplinary matters before the Department of Professional Regulation, Department of Health, Agency for Health Care Administration, and other state agencies.

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Representative Matters
- 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.

Publications

12.29.2011	Client Article: Protection of Trade Secret Information Under Florida Insurance Code (December 2011).
12.13.2011	Client Article: Insurance Industry Takes Tentative Steps to Embrace Social Media (December 2011).
06.22.2011	Client Alert: Recent Florida Decision Requires Insurers to Provide “Mediation Notice” to Policyholders in Disputed Property Claims (June 2011).
more

Speaking Engagements
- "Current and Future Impacts of Senate Bill 408," Association of Insurance Compliance Professionals, 2011 Annual Meeting, Orlando, Florida (September 25, 2011).
- "Status of Latinas in the Legal Profession," Hispanic National Bar Association Roundtable Discussion and Mentoring Program, Florida State University College of Law, Tallahassee, Florida (March 17, 2011).
- "Educational Workshop Compliance with Recently Passed House Bill 1629," Florida Association of Health Plans, Ft. Lauderdale, Florida (July 2004).
- "Consumer Issues - Mandatory Arbitration," Florida Health Insurance Symposium, Miami, Florida (September 23, 2003).
Professional Recognition
- AV Rated by Martindale-Hubbell
- Listed in Chambers USA Guide to America's Leading Business Lawyers 2006-2011 (Insurance)
- Listed in Who’s Who Legal - Insurance & Reinsurance (2007-2008)
- National Register Who's Who in Executives and Professionals (2001-2002)
- State of Florida Davis Productivity Award Recipient (1998)
Professional and Civic Activities
- American Bar Association
  Tort Trial and Insurance Practice Section, Insurance Regulation Committee, Chair-Elect (2010-2011), Chair (2011-2012)
  Tort Trial and Insurance Practice Section, Federal Involvement in Insurance Regulation Modernization Task Force, Member (2009-present)
- The Florida Bar
  Civil Procedure Rules Committee (2006-2009)
  2A Grievance Committee (2006-2009)
- Federation of Regulatory Counsel, Member
- International Association of Insurance Receivers, Member
- Tallahassee Memorial Cancer Center Patient and Family Advisory Council (2008)
- American Cancer Society's Making Strides for Breast Cancer, Leon County, FL, Chair (2006)
- Dick Howser Center for Childhood Development, Board Member (1999-2004)
Background
- Senior Attorney, Florida Department of Insurance (1995-1998)
- Senior Attorney, Department of Business and Professional Regulation (1994-1995)
- Staff Attorney, Capital Collateral Representative (1993-1994)