RODRIGUEZ v. AMSTAR INSURANCE COMPANY

No. 3D03-846.

888 So.2d 760 (2004)

Maria C. RODRIGUEZ, Appellant, v. AMSTAR INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

December 22, 2004.


Attorney(s) appearing for the Case

Beckham & Beckham and Robert J. Beckham, Jr., Miami, for appellant.

Akerman Senterfitt and Marcy Levine Aldrich, Nancy A. Copperthwaite and Merrick L. Gross, Miami, for appellee.

Before GODERICH, SHEVIN and SHEPHERD, JJ.


PER CURIAM.

We affirm the dismissal of the class action lawsuit against Amstar Insurance Company. The order states, in pertinent part, that "[t]he language of Amstar's insurance policy issued to Rodriguez, a copy of which is attached to Rodriguez's Complaint, allows for the "betterment" deductions taken by Amstar, because the policy limits Amstar's liability to either cash value or `the amount necessary to repair or replace the property with other of like kind and...

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