The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . § 400.176(b) and 7 C.F.R. § 400.352(b)(4), unequivocally dictate that a party can only be awarded extra-contractual . . .
. . . These newly available FADs demonstrate that 7 CFR § 400.176 and 7 CFR § 400.352 do not permit a policyholder . . . Court’s decision on the motions to dismiss, Defendant sought regulatory interpretations on 7 CFR § 400.176 . . . The determinations read, in relevant part, as follows: Federal Agency Determination FAD-240 (§ 400.176 . . . determination was obtained from FCIC in accordance with section 20(i) of the Basic Provisions and § 400.176 . . . FCIC also agrees that 7 CFR § 400.176, and the equivalent language in section 20(i) of the Basic Provisions . . .
. . . . § 400.176, entitled “State action preemptions”, states in part (b) that: No policy of insurance reinsured . . . preempted and recoverable damages limited based upon the current language in 7 C.F.R. §§ 400.352 and 400.176 . . . However, claims for negligence or misrepresentation do not conflict with these provisions.... 7 C.F.R. § 400.176 . . .
. . . . § 400.352(a) and § 400.176, but these sections have changed from what they stated in 2002 when Agre . . . Section 400.176 prohibits policyholders from seeking reimbursement from a state fund or program for their . . . Indeed, the inclusion of the restrictions in § 400.176(b) in a section titled "state action preemptions . . .
. . . . § 400.352(a) and § 400.176, but these sections have changed from what they stated in 2002 when Agre . . . Section 400.176 prohibits policyholders from seeking reimbursement from a state fund or program for their . . . Indeed, the inclusion of the restrictions in § 400.176(b) in a section titled "state action preemptions . . .
. . . . § 400.176(b), provides that: No policy of insurance reinsured by the Corporation [FCIC] and no claim . . . Defendants then argue that they are entitled to relief on this issue pursuant to either 7 C.F.R. § 400.176 . . . Federal law, particularly 7 C.F.R. § 400.176, allows damages beyond those provided in the policy if such . . . entitled to relief for these errors, omissions or misrepresentations pursuant to either 7 C.F.R. § 400.176 . . . Therefore, the Defendants are entitled to damages beyond indemnity pursuant to 7 C.F.R. § 400.176. . . .
. . . . § 400.176, which certainly does not preclude consideration of state courts. . . .
. . . . § 400.176(b) does not attempt to create a federal cause of action, but presumes the existence of state . . .
. . . . § 400.176(b); see also id. § 400.352(b)(4). . . . Compare 7 C.F.R. § 457.8 ¶¶ 25-26 (limiting damages recoverable under insurance policy) with 7 C.F.R. § 400.176 . . .
. . . the “jurisdictional grant would also seem to apply to FCIC reinsured companies in that 7 C.F.R. pt. 400.176 . . . This Court finds the language of 7 C.F.R. pt. 400.176 supports the permissibility of bringing a state . . . Part 400.176 provides that a plaintiff may establish liability “in a court of competent jurisdiction. . . . ” 7 C.F.R. pt. 400.176(b) (1997). . . . policies are reinsured by the FCIC. 7 U.S.C. § 1502(b)(2); 7 C.F.R. pt. 400.161(b). . 7 C.F.R. pt. 400.176 . . .
. . . court holds that the combination of FCIA section 1508(f) [now section 1508(j)] and FCIC regulation 400.176 . . . The court reasoned that section 400.176 extended Congress’ grant of federal jurisdiction to FCIC-rein-sured . . . FCIA shows, however, that such was likely not the intent of Congress through the passage of section 400.176 . . . Thus, the court finds that neither 7 U.S.C. § 1508(j) nor 7 C.F.R. § 400.176 grant jurisdiction to the . . . (citing 7 C.F.R. § 400.176). . . .
. . . . § 400.176(b) (1997) (preemption provision limiting specified claims for damages against reinsured companies . . .
. . . . § 400.176(b) provide a federal remedy for insureds to pursue claims for indemnity under the Federal . . . implied) in performing or omitting the action claimed as a basis for the damage action. 7 C.F.R. § 400.176 . . . causes of action raised are arguably within the exception provided in 7 U.S.C. § 1506(k) and 7 C.F.R. § 400.176 . . .
. . . . § 400.176(b) “provide a cause of action that takes the place of the Plaintiff’s state law claims and . . . Section 400.176(b) of Title 7, Code of Federal Regulations, provides in part: No policy of insurance . . .
. . . . § 400.176(b) states: No policy of insurance reinsured by the corporation and no claim, settlement, . . . This jurisdictional grant would also seem to apply to FCIC reinsured companies, in that 7 C.F.R. § 400.176 . . . Order, an amended complaint pleading for the relief provided by 7 U.S.C. § 1508(f) and 7 C.F.R. §§ 400.176 . . .