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NAT. MARINE UNDERWRITERS, INC. v. LORING

No. 90-306.

568 So.2d 1007 (1990)

NATIONAL MARINE UNDERWRITERS, INC., a/s/o Richard Krieger and Nolan Altman, Appellants, v. Keith Scott LORING, Appellee.

District Court of Appeal of Florida, Third District.

October 30, 1990.

Attorney(s) appearing for the Case

McDonald & McDonald and David McDonald and Arthur R. Brown, Jr., Miami, for appellants.

Stephen G. Hertz, Miami Beach, for appellee.

Before BARKDULL, NESBITT, and JORGENSON, JJ.

PER CURIAM.

National Marine Underwriters, Inc. appeals from an order striking its sixth amended complaint as sham on the basis of defendant Loring's affirmative defense that National Marine failed to comply with section 626.121(2), Florida Statutes (1985), requiring a "managing general agent permit." We reverse the order and remand for further proceedings on the basis that the defendant lacked standing to assert this defense.

Colonial Penn, a licensed Florida...

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