EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES v. FULLER

No. 73-14.

275 So.2d 568 (1973)

The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant, v. Allen FULLER, Appellee.

District Court of Appeal of Florida, Third District.

April 3, 1973.


Attorney(s) appearing for the Case

Shutts & Bowen and Lawrence R. Metsch, Miami, for appellant.

Fuller & Feingold and Philip Gerson, Miami Beach, for appellee.

Before BARKDULL, C.J., and CHARLES CARROLL and HENDRY, JJ.


CARROLL, Judge.

The appellee Allen Fuller filed a complaint against the appellant insurance company, for himself and "all persons similarly situated," who were described as "insureds under major medical policies with one or more of the defendant insurers which policies provide for the payment by the insurer of all or part of the amount by which covered charges exceed a deductible amount and define the deductible amount as the greater of: (1) a basic deductible, and...

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