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LIBERTY CARE PLAN v. DEPARTMENT OF INS.

No. 96-3909.

710 So.2d 202 (1998)

LIBERTY CARE PLAN, Appellant, v. DEPARTMENT OF INSURANCE, Appellee.

District Court of Appeal of Florida, First District.

May 5, 1998.

Attorney(s) appearing for the Case

Austin B. Neal of Maida, Galloway & Neal, Tallahassee, for Appellant.

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

BARFIELD, Chief Judge.

Appellant challenges a declaratory statement of the Department of Insurance (DOI), pursuant to section 120.565, Florida Statutes (1995), which determined that the sale of its home health care plan (the Plan) would be the sale of "insurance" as defined in section 624.02 and "health insurance" as defined in section 627.603. We reverse.

For an annual fee of $1875.00, the Plan provides a guaranteed "membership," renewable for life without...

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