Native American insurance company fights shutdown order

by Dale M. King

A Native American-owned insurance company ordered by the state last month to shut down, allegedly for lack of proper credentials from the Seminole Tribe, is fighting back.

Native Assurance Co., with offices in Hollywood, Miami and Boca Raton, has filed in federal court for an injunction against the Florida Department of Financial Services, Office of Insurance Regulations, the agency that ordered the shutdown.

"The law specifically stipulates that only Congress has the right to regulate Indians via the Bureau of Indian Affairs and the Department of the Interior," said Anthony Baratta, a director and spokesman for Native Assurance Co.

In the request for an injunction, the company cites the Civil Rights Act of 1964 making it illegal to harass anyone on the basis of race, religion, color "or national origin - including membership in a Native American tribe," said Baratta.

"We don't want to quarrel," he said. "We just want to find mutual grounds for which to operate - much like Congress and the state have done with casinos."

The company spokesman also said that Article 1 of the U.S. Constitution gives Congress "exclusive authority to regulate commerce of American Indian tribes." That's the same clause, Baratta said, that allows Congress to set guidelines for Indian gaming operations.

"These same guidelines establish and protect the rights of Native American Indians and their insurance company," he added.

On June 27, the Office of Insurance Regulation issued a statewide news release ordering Native Assurance Co. and its associated entities, including All Risk Underwriters LLC and All Risk Holding LLC, of Miami and Hallandale Beach, to cease insurance operations.

"The entities named are currently unlicensed and unauthorized to transact insurance in Florida," said insurance regulation office spokesman Bob Lotane in that press release.

In an immediate response, Baratta said the company "complies with the highest of standards. We've 'followed the book' to the last letter and we are completely industry compliant."

He said the firm is not subject to regulation by the state because its owner Chris Osceola of Hollywood is a Seminole. The federal government regulates companies owned by Native Americans.

But Lotane said the firm lacks backing from the Seminole tribe - something he said it needs to operate in the state.

Lotane said the company has filed a number of documents, but is still without standing.

"The Seminole Tribe has not given authorization or approval to Native Assurance Company Inc. or its associated entities," the agency's spokesman said.

According to Lotane Native Assurance is engaged in soliciting multiple insurance benefits, including health, life and worker's compensation liability coverage. He said Native Assurance also solicited business using a Web site.

Under Florida law, Lotane said, those engaging in the insurance business without a certificate of authority are subject to being charged with a third-degree felony.