CANAL INS. CO. v. GIBRALTAR BUDGET PLAN

No. 4D09-70.

41 So.3d 375 (2010)

CANAL INSURANCE COMPANY, Appellant, v. GIBRALTAR BUDGET PLAN, INC., Puritan Budget Plan, Inc., and Equity Premium, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

July 28, 2010.


Attorney(s) appearing for the Case

Michael V. Elsberry and W. Drew Sorrell, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for appellant.

Juan C. Montes, of Lidsky, Vaccaro, Montes & Martinez, Hialeah, for appellees.


MAY, J.

An insurance carrier appeals an order certifying a class action. The carrier argues the trial court incorrectly determined that the four required elements for establishing a class action were satisfied. We agree and reverse.

Pursuant to section 627.7283, Florida Statutes (2004), insurance carriers are required to pay interest on unearned premiums returned more than thirty days after the effective date of cancellation or receiving the notice or request...

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