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UNITED SERVICES AUTOMOBILE ASSOCIATION v. MODREGON

Nos. 2D01-1324, 2D01-1598.

818 So.2d 562 (2002)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant, v. Steven A. MODREGON and Tanya Modregon on behalf of themselves and all others similarly situated, Appellees.

District Court of Appeal of Florida, Second District.

February 20, 2002.

Attorney(s) appearing for the Case

William A. Gillen, Jr., and Richard M. Zabak of Gray, Harris, Robinson, Shackelford, Farrior, Tampa; and Dwight J. Davis, Thomas F. Urban, and S. Stewart Haskins of King & Spalding, Atlanta, GA, for Appellant.

Richard J. Lantinberg of Cooper, Ridge & Beale, P.A., Jacksonville; Kenneth J. Vinale of Milberg Weiss Bershad Hynes & Lerach LLP, Boca Raton; and Janine L. Pollack and Bruce D. Bernstein of Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY, for Appellees.

BLUE, Chief Judge.

In consolidated cases, United Services Automobile Association (USAA) appeals an order that denied its motion to dismiss and an order that denied its motion to compel an appraisal. We affirm the order denying the appraisal; we dismiss the appeal of the order that denied USAA's motion to dismiss.

Steven A. and Tanya Modregon have filed a class action lawsuit against their automobile insurer, USAA. They alleged that USAA has a corporate policy...

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