PURITAN BUDGET PLAN v. AMSTAR INS. CO.

No. 4D06-3170.

964 So.2d 769 (2007)

PURITAN BUDGET PLAN, INC., Gibraltar Budget Plan, Inc., Freedom Premium Finance Corporation, Perry & Co., MHD Premium Finance Company, First Grampian Finance Corporation, Delta Premium Finance Company, Inc., and United Premium Budget Plan, Inc., Appellants, v. AMSTAR INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

September 5, 2007.


Attorney(s) appearing for the Case

Daniel Martinez of Lidsky, Vaccaro & Montes, Attorneys at Law, P.A., Hialeah, for appellants.

Carlos D. Cabrera and Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellee.


KLEIN, J.

This is an appeal from an order dismissing a class action complaint for failure to state a cause of action. The plaintiffs are premium finance companies for private passenger automobile insurance policies issued by the defendant insurer. When these policies are cancelled, the insurer is required by statute to refund unearned premiums within thirty days. The issue is whether the insurer is liable for interest where the premiums are not refunded in thirty...

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