Florida District Courts of Appeal, 1998

Beenhakker v. State, Division of State Group Insurance

Beenhakker v. State, Division of State Group Insurance
Florida District Courts of Appeal · Decided December 23, 1998 · Blue, Green, Whatley
723 So. 2d 360; 1998 Fla. App. LEXIS 15989; 1998 WL 889282 (Southern Reporter, Second Series)

Beenhakker v. State, Division of State Group Insurance

Opinion of the Court

PER CURIAM.

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.

BLUE, AC.J., WHATLEY and GREEN, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.