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DOLLAR SYSTEMS, INC. v. ELVIA

No. 4D07-478.

967 So.2d 447 (2007)

DOLLAR SYSTEMS, INC., Appellant, v. ELVIA, Appellee.

District Court of Appeal of Florida, Fourth District.

November 7, 2007.

Attorney(s) appearing for the Case

Carri S. Leininger and Heather A. Wallace of Williams, Leininger & Cosby, P.A., West Palm Beach, for appellant.

David B. Shelton and Lori Caldwell of Rumberger, Kirk & Caldwell, A Professional Association, Orlando, for appellee.

GROSS, J.

We hold that the trial court properly dismissed a declaratory judgment action against a liability insurer where the plaintiff failed to comply with the statutory condition precedent contained in section 627.4136, Florida Statutes (2006).

Dollar Systems, Inc. operates a rental car company. C.A. Fernstouristik ("CAF") markets tour packages to Europeans traveling in the United States. Dollar entered into an agreement with CAF under which it provided...

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