Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Department of Insurance v. Dade County Consumer Advocate’s Office

Florida Supreme Court
492 So. 2d 1032 (1986)


Facts

In 1983 Florida enacted anti-rebate statutes that prohibited insurance agents from paying customers back a portion of the agent’s commission. In effect, the anti-rebate statutes prevented agents from charging customers lower commissions than those set by the insurers. The Dade County Consumer Advocate’s Office (the consumer advocate) (plaintiff) sued the Florida Department of Insurance (the department) (defendant), asserting the statutes prevented price competition, limited consumers’ bargaining power, and essentially deprived consumers of property without due process, in violation of the Florida Constitution. The trial judge upheld the statutes and granted the department summary judgment. The appellate court reversed, declaring the anti-rebate statutes unconstitutional because they did not serve any legitimate state interest. The department appealed to the Florida Supreme Court. On appeal, the department argued that the anti-rebate statutes reasonably advanced the state’s interest in protecting consumers by ensuring uniform rates across actuarial groups, prevented large rebate offers from deceiving consumers into thinking they were paying less, kept agents from artificially inflating commissions to offer larger rebates, and avoided increased administrative costs from customers changing insurers every year to take advantage of rebate offers.

Rule of Law

Issue

Holding and Reasoning (Overton, J.)

Dissent (Boyd, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 510,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 510,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial