FORC Journal - Vol. 27 Edition 2 - Summer 2016

FORC’s next issue of the Journal is now available. This issue delivers timely articles pertaining to topics significantly affecting the insurance industry, such as the implications for advance commission arrangements when an agent files for personal bankruptcy protection; successful legal challenges to the promulgation and application of certain California Department rules regulating unfair trade practices; and recent first-impression decisions of the Montana Supreme Court interpreting that state’s Unfair Trade Practices Act. Also, the Florida Supreme Court recently struck various provisions of the state’s workers’ compensation law. Two articles discuss the differing cases utilized to change this legal system. Thank you to our members who generously donated their time and expertise to this publication. Please share these authoritative and topical articles with your colleagues.

A. Kenneth Levine, Journal Editor

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FLORIDA SUPREME COURT STRIKES KEY PARTS OF WORKERS' COMPENSATION LAW

By  Travis L. Miller, Esq., RADEY LAW FIRM
For the second time in six weeks, the Florida Supreme Court has declared part of Florida’s workers’ compensation law to be unconstitutional.

MONTANA FIRST IMPRESSIONS

By  Jacqueline T. Lenmark, Esq., KELLER, REYNOLDS, DRAKE, JOHNSON & GILLESPIE, P.C.
In the past year, the Montana Supreme Court has handed down two decisions of first impression clarifying points of the Montana Unfair Trade Practices Act (UTPA).

INSURANCE AGENT BANKRUPTCIES - IMPLICATIONS FOR ADVANCE COMMISSION ARRANGEMENTS

By  Steven J. Lauwers, Esq., RATH, YOUNG & PIGNATELLI, P.C. Adam C. Varley, Esq., RATH, YOUNG AND PIGNATELLI, P.C.
Advance commission arrangements are a common feature of the life insurance industry. In order to provide an income stream for agents as they develop and grow their book of business, life insurers frequently agree to provide advances to agents on thei

CALIFORNIA COURT RULINGS REJECT USE OF INSURANCE REGULATIONS TO DETERMINE UNFAIR TRADE PRACTICES

By  Robert W. Hogeboom, Esq., HINSHAW & CULBERTSON LLP
Three years ago, in the FORC Quarterly Journal of Insurance Law and Regulation, I reviewed one of the most significant California decisions issued by an Administrative Law Judge (ALJ). That decision prohibited the California Insurance Commissioner’s

FLORIDA'S WORKERS' COMPENSATION STATUTORY ATTORNEY'S FEES DECLARED UNCONSTITUTIONAL

By  Richard J. Fidei, Esq., GREENBERG TRAURIG LLP; Fred E. Karlinsky, Esq., GREENBERG TRAURIG LLP; Celeste Lawrence, Esq., GREENBERG TRAURIG, LLP
On April 28, 2016, the Florida Supreme Court held, in Castellanos v. Next Door Company, that the state’s strict adherence to its workers’ compensation statutory fee formula for the award of fees to claimants’ attorneys was an unconstitutional violati