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ALLSTATE INDEM. CO. v. DOMATO

No. 98-3191.

730 So.2d 343 (1999)

ALLSTATE INDEMNITY COMPANY, Appellant, v. Carlos Alberto DOMATO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 21, 1999.

Attorney(s) appearing for the Case

Rumberger, Kirk & Caldwell, David B. Shelton and Lori J. Caldwell, Orlando, for appellant.

Robles & Gonzalez, and Ervin A. Gonzalez, and John H. Ruiz, Miami, for appellee.

Before NESBITT, COPE, and GODERICH, JJ.

PER CURIAM.

Allstate appeals an order granting class certification in the breach of contract suit filed by its insured, Carlos Domato. Domato, the putative class representative, alleged that Allstate habitually withdraws PIP coverage from its insureds without first obtaining an independent medical examination (IME) showing that the claimed medical costs, being challenged by Allstate, were unreasonable or unnecessary. We find that Domato is an improper class representative...

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