BEENHAKKER v. STATE DIVISION OF STATE GROUP INSURANCE (1998)

District Court of Appeal of Florida,Second District.

Arie BEENHAKKER and Ann Beenhakker, his wife, Appellants, v. STATE of Florida, DIVISION OF STATE GROUP INSURANCE, Appellee.

No. 98-00719

Decided: December 23, 1998

William T. Driscoll of the Legal Center for the Injured, Tampa, for Appellants. Joan Van Arsdall, Assistant General Counsel, Tallahassee, for Appellee.

Arie and Ann Beenhakker, his wife, appeal the denial by the Division of State Group Insurance of their request for a formal hearing made after their claims for benefits under the State of Florida Employees' Group Health Self-Insurance Plan were denied.

The Division denied the request for a formal hearing on the basis that the request was untimely. The request was received by the Division twenty-three days after the Beenhakkers' counsel received notice of agency action denying payment of the subject claims. The Division contends that the Beenhakkers had only twenty-one days to respond. The problem for the Division is that its notice to the Beenhakkers' counsel was ambiguous as to the time frame in which to respond. Accordingly, we reverse and remand this matter for a formal hearing.

Reversed and remanded.

PER CURIAM.

BLUE, A.C.J., WHATLEY and GREEN, JJ., Concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network