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STATE, DEPT. OF INS. v. NATIONAL REINSURANCE CORP.

No. 99-1464.

755 So.2d 677 (1999)

STATE of Florida, DEPARTMENT OF INSURANCE, as the Receiver of Florida Employers Safety Association Self-Insurance Fund, Value Rent-A-Car, Ameristaff, Inc., and Great American Employee Services, Inc., Appellants, v. NATIONAL REINSURANCE CORPORATION, a Delaware corporation and David Sanz, individually, Gulf Atlantic Management Group, Inc., William L. Shores, individually, Shores & Company, P.A., Staffing Concepts International, Inc. and John Does 1-50, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 25, 1999.

Attorney(s) appearing for the Case

Kendall Coffey and Carla M. Barrow of Coffey, Diaz & O'Naghten, LLP, Miami, for Appellant State of Florida, Department of Insurance as the Receiver of Florida Employers Safety Association Self Insurers Fund.

John R. Dixon of Dixon, Lefler & Lorenzen, P.A., Tampa, for Appellants Value Rent-A-Car, Ameristaff, Inc. and Great American Employee Services, Inc.

Harley S. Tropin and Kenneth R. Hartmann of Kozyak Tropin & Throckmorton, P.A., Miami, and Nick J. DiGiovanni, Damon N. Vocke and Leslie J. Rosen of Lord, Bissell & Brook, Chicago, Illinois, for Appellee National Reinsurance Corporation, a Delaware corporation.

ON MOTION TO DISMISS

HAZOURI, J.

Florida Employers Safety Association Self-Insurance Fund (FESA) seeks review of a partial summary judgment on its declaratory judgment action to interpret the reinsurance contract between the parties and granting National Reinsurance Corporation's (NRC) counterclaim for offset of certain debts and obligations. Still pending are FESA's two counts for breach of the reinsurance contract which, when decided, would determine whether...

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