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SWEENEY v. INTEGON GENERAL INS. CORP.

No. 4D01-249.

806 So.2d 605 (2002)

Roy SWEENEY, Appellant, v. INTEGON GENERAL INSURANCE CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 2002.

Attorney(s) appearing for the Case

Brian M. Torres and Sandra McClure of Sheftall & Torres, P.A., Miami; Sean C. Domnick of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm Beach; and Jeffrey Orseck of Jeffrey Orseck, P.A., Fort Lauderdale, for appellant.

Marcy Levine Aldrich, Nancy A. Copperthwaite and Valerie B. Itkoff of Akerman Senterfitt & Eidson, P.A., Miami, for appellee.

STONE, J.

We reverse a final judgment dismissing Sweeney's complaint for failure to state a cause of action.

The complaint against Integon was filed as a class action and sought damages for breach of contract based on Integon's policy of authorizing non-original equipment manufacturer ("OEM") crash parts to be used in the repair of automobiles. Non OEM parts are parts "made by any manufacturer other than the original vehicle manufacturer or her or his supplier...

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