ZIMMERMAN v. FLORIDA WINDSTORM UNDERWRITING ASS'N

No. 1D02-2896.

873 So.2d 411 (2004)

Dr. Paul ZIMMERMAN, Dr. John W. Uribe, John Livoti, Helen Esterline, Don Reinhard, Jonathan D. Nitkin, Angela Daley, and Edna Buchanan, on behalf of themselves and all other persons similarly situated, Appellants, and Leonard Elias, Miami-Dade County Consumer Advocate, Intervenor, v. FLORIDA WINDSTORM UNDERWRITING ASSOCIATION, State of Florida Department of Insurance, and Honorable Tom Gallagher in his capacity as Insurance Commissioner, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 2, 2004.


Attorney(s) appearing for the Case

M. Stephen Turner, David K. Miller and Martin A. Fitzpatrick of Broad and Cassel, Tallahassee, for Appellants.

Intervenor Leonard L. Elias, pro se.

John Radey, Elizabeth McArthur and David A. Yon of Radey, Thomas and Yon, P.A., Tallahassee, for Appellee Florida Windstorm Underwriting Association.

Steven H. Parton, Florida Office of Insurance Regulation, Tallahassee, for Appellee Florida Department of Insurance.


BENTON, J.

We have for review a final summary judgment and declaration entered in an action brought in circuit court, challenging the validity of an arbitrated insurance rate increase, demanding insurance premium refunds, and seeking declaratory and injunctive relief. We affirm the trial court's refusal to order refunds and denial of injunctive relief, but reverse the judgment and declaration insofar as it declares that "the arbitration resulted in Department approval...

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