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SUN COAST HOME CARE, INC. v. STATE, DEPT. OF INS.

No. 97-00780.

710 So.2d 120 (1998)

SUN COAST HOME CARE, INC., Appellant, v. STATE of Florida, DEPARTMENT OF INSURANCE, Appellee.

District Court of Appeal of Florida, Second District.

April 15, 1998.

Attorney(s) appearing for the Case

James D. Gibson of Dunlap, Moran, Roknich & Gibson, P.A., Sarasota, for Appellant.

Carl B. Morstadt and John L. Swyers, Department of Insurance, Tallahassee, for Appellee.

ALTENBERND, Judge.

Sun Coast Home Care, Inc. (Sun Coast), appeals a declaratory statement issued by the Department of Insurance pursuant to section 120.565, Florida Statutes (Supp.1996). The declaratory statement ruled that two contracts for services offered by Sun Coast were insurance. We reverse because the record before the Department was insufficient to support this declaration.

In November 1996, Sun Coast filed a petition for a declaratory statement....

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