DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF STATE GROUP INSURANCE v. FERRON (2018)

District Court of Appeal of Florida, First District.

DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE, Petitioner, v. Emily FERRON, Respondent.

No. 1D17–4434

Decided: February 09, 2018

Anita J. Patel, Timothy L. Newhall, and J. Andrew Atkinson, Department of Management Services, Tallahassee, for Petitioner. Richard M. Benrubi of the Law Office of Richard M. Benrubi, P.A., West Palm Beach, for Respondent.

Petitioner Division of State Group Insurance seeks a writ of prohibition, arguing that the circuit court lacks jurisdiction over Respondent's suit alleging wrongful denial of insurance claims. Because the circuit court has indicated it has left open the issue of whether Respondent has exhausted her administrative remedies and intends to rule on the issue later in the lower tribunal proceedings, Petitioner is not entitled to prohibition. The petition is therefore denied.

Per Curiam.

Roberts, Rowe, and Winokur, JJ., concur.

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