A Florida appeals court last week said that Allstate can keepdoing business in the state, putting off a final decision onwhether Insurance Commissioner Kevin McCarty has cause to lift theinsurer's license.

Mr. McCarty issued a suspension order on Jan. 17, but thecompany went to the First District Court of Appeal in Tallahasseeand secured a temporary restraining order, which is in effect untilan expedited appeal is heard.

The court, in rejecting an immediate lifting of its stay of thecommissioner's order, said it was expediting a final appealprocess. On Jan. 31, the court directed the filing of a recordwithin 15 days, the initial brief within 10 days after that, theanswer brief 10 days after that, and the reply brief five daysthereafter.

A decision will be rendered at any time after the reply brief isfiled, the court said.

Part of the court's opinion said it was denying a motion by theNational Association of Professional Allstate Agents for leave tosubmit a friend-of-the-court brief supporting their company.

The commissioner–who has challenged the company's requests for arate increase as well as its rate-setting practices–ordered asuspension when the company did not supply all the material hesubpoenaed for a hearing on the insurer's claims-handling methodsand other business activity.

Allstate has argued to the court that the commissioner exceededhis authority, acted unconstitutionally, and was “taking punitive,vindictive measures under the guise of a so-called emergency.”

Further, the company said the commissioner “damaged Allstate'sreputation” and harmed its companies, as well as “jeopardizing thelivelihoods of agents and their support staff…”

Mr. McCarty, in response to the court's action, said in astatement that “while I am disappointed that the District Court didnot decide to reinstate my office's suspension of Allstate, I amencouraged that the court on its own motion has decided to expeditethe appeal process.”

He added that he remains “committed to getting answers toquestions about Allstate's business practices and relationshipswith rating agencies, catastrophe modeling companies and industrytrade groups.”