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FIDELITY & CAS. CO. OF N.Y. v. LOPEZ

No. 79-504.

375 So.2d 59 (1979)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, a Foreign Corporation Authorized to Do Business in Florida, Petitioner, v. Jimmy LOPEZ, Respondent.

District Court of Appeal of Florida, Fourth District.

September 26, 1979.

Attorney(s) appearing for the Case

George P. Roberts, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for petitioner.

Lewis M. Ress of Ress, Gomez, Rosenberg & Howland, P.A., North Miami, for respondent.

LETTS, Judge.

An injured party filed suit seeking reinstatement of No Fault benefits under his insurance policy, claiming the benefits were wrongfully terminated after examination by the Insurance Company's doctor. His complaint, inter alia, purports to state a cause of action against the Insurance Company for having employed this same doctor on numerous occasions to wrongfully deny benefits to other insureds similarly situated. Pursuant to this allegation, the court...

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