NATIONAL CONTINENTAL INSURANCE COMPANY v. PEREZ

No. 3D03-1062.

897 So.2d 492 (2005)

NATIONAL CONTINENTAL INSURANCE COMPANY, a Florida corporation, Appellant, v. Hector PEREZ, Jr., etc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 14, 2005.


Attorney(s) appearing for the Case

Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein, and Francis A. Anania and Maurice J. Baumgarten, Miami, for appellant.

Hunter, Williams & Lynch, and Christopher J. Lynch, for appellee.

Before GREEN, FLETCHER, and WELLS, JJ.


WELLS, Judge.

Insurer National Continental Insurance Company appeals an order granting class certification to a group of insureds, including Hector Perez, Jr., who claim that after their insurer's recovery from third parties, insureds were not fully compensated for their losses where their insurer returned only a prorated portion of their collision deductibles, calculated considering insureds' contributory negligence. In Monte De Oca v. State Farm Fire and Cas...

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