ISASI v. AMERICAN COLONIAL INS. CO.

No. 4D03-15.

863 So.2d 1240 (2003)

Marlene ISASI, Appellant, v. AMERICAN COLONIAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 10, 2004.


Attorney(s) appearing for the Case

Carlos Lidsky of Lidsky, Vaccaro & Montes, Hialeah, for appellant.

Robert L. Teitler and Thomas J. Caldwell of Walton, Lantaff, Schroeder & Carson LLP, Miami, for appellee.


MAY, J.

The proper method by which to enforce an insurance carrier's obligation to pay interest on unearned premiums, pursuant to section 627.7283, Florida Statutes (1999), is challenged in this appeal. The plaintiff sued the carrier for interest on her unearned premium when the carrier failed to pay her within the 30-day grace period. The carrier claimed that the trial court lacked jurisdiction to consider the case because the insured failed to serve notice on the...

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