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LUTZ v. PROTECTIVE LIFE INSURANCE COMPANY

No. 4D05-1405.

951 So.2d 884 (2007)

Mark LUTZ, Appellant, v. PROTECTIVE LIFE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

January 3, 2007.

Attorney(s) appearing for the Case

Philip M. Burlington of Burlington & Rockenbach, P.A., and Jeffrey M. Liggio and Richard M. Benrubi of Liggio, Benrubi & Williams, P.A., West Palm Beach, for appellant.

Irma Reboso Solares of Jorden Burt LLP, Miami, Phillip E. Stano of Jorden Burt LLP, Washington, D.C., and W. Michael Atchison, Anthony C. Harlow and Alfred H. Perkins, Jr., of Starnes & Atchison LLP, Birmingham, AL, for appellee.

Evan M. Tager of Mayer, Brown, Rowe & Maw LLP, Washington, D.C., Brian P. Trauman of Mayer, Brown, Rowe & Maw LLP, New York, New York, Carl B. Wilkerson and Lisa Tate, Washington, D.C., for Amicus Curiae American Council of Life Insurers.

STEVENSON, C.J.

Mark Lutz appeals a judgment on the pleadings entered in favor of Protective Life Insurance Company ("Protective Life") on his class action suit for breach of contract and declaratory judgment. We affirm the judgment on the pleadings with respect to the breach of contract claim, but reverse on the count for declaratory relief.

Protective Life is an out-of-state insurer that provided a group health insurance policy to Lutz and other members...

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