INSURANCE: INSOLVENCY PROCEEDINGS; CIVIL PROCEDURE: DISCOVERY: APEX DOCTRINE: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY ORDERING INSURANCE COMMISSIONER TO SUBMIT TO DEPOSITION TO ANSWER HYPOTHETICAL QUESTIONS WHETHER HE WOULD HAVE RECOMMENDED INSTITUTING INSOLVENCY PROCEEDING ONE YEAR EARLIER IF ACCOUNTING FIRM PREPARED ACCURATE FINANCIAL STATEMENTS: THIS EVIDENCE COULD BE FURNISHED BY EXPERTS OR LOWER LEVEL EMPLOYEES: ASKING AGENCY HEADS TO ANSWER HYPOTHETICAL QUESTIONS VIOLATES SEPARATION OF POWERS AND COULD DISTRACT PUBLIC OFFICIALS FROM THE PERFORMANCE OF THEIR DUTIES; APPEALS: CERTIORARI

Florida Office of Insurance Regulation v. Florida Department of Financial Services, ___ So. 3d ___, 40 Fla. L. Weekly D638 (Fla. 1st DCA March 12, 2015)

The Florida Department of Financial Services (DFS), as the receiver of three insolvent insurance companies, sued an accounting firm for failing to prepare accurate financial statements. The Department alleged that if the Office … Click To Read Full Case Law Review...