United States Supreme Court. Image courtesy of the New York Public Library.
The many documents required for any insurance rate filing make it clear that if the filed rate doctrine properly applies in insurance cases at all, then its application obviously involves many questions of fact. This is particularly true in Florida, as we have seen in previous articles.
The filed rate doctrine is not a defense that appears on the face of the ordinary plaintiff's complaint. Rather, the filed rate doctrine is proven by evidence that the insurance company which filed for the requested rate actually filed the documentation required by statute and regulation to support approval of the requested rate.
They call it the "filed" rate doctrine after all. What must be "filed" is the key to proving the defense.
Please Read The Disclaimer. ©2016 by Dennis J. Wall, author of "Lender Force-Placed Insurance Practices" (American Bar Association 2015). All rights reserved.