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UNITED AUTO. INS. CO. v. SALGADO

No. 3D07-461.

22 So.3d 594 (2009)

UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Oscar SALGADO, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied December 17, 2009.

Attorney(s) appearing for the Case

Michael J. Neimand, Office of the General Counsel, for petitioner.

Panter, Panter & Sampedro and Christian Carrazana, Miami, for respondent.

Before WELLS and LAGOA, JJ., and SCHWARTZ, Senior Judge.

LAGOA, Judge.

Petitioner, United Automobile Insurance Company ("United"), seeks certiorari review of the circuit court appellate division's opinion affirming a final declaratory decree entered by the county court in favor of the Respondent, Oscar Salgado, Jr. ("Salgado"). Because we find that, absent an express exclusion by the legislature, the right of rescission contained in section 627.409, Florida Statutes (2003), applies to PIP insurance contracts issued pursuant...

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