GIDNEY v. AXIS SURPLUS INS. CO.

No. 3D12-1250.

140 So.3d 609 (2014)

Jerilynn GIDNEY and Michael Goldberg, etc., Appellants/Cross-Appellees, v. AXIS SURPLUS INSURANCE COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 25, 2014.


Attorney(s) appearing for the Case

Fuerst Ittleman David and Joseph , PL, and Allan A. Joseph and Michael B. Kornhauser ; Akerman Senterfitt , and Marc Gottlieb and Gerald B. Cope, Jr. , for appellants/cross-appellees.

Campbell Law Firm PLLC, and Dennis M. Campbell and Rossana Navarro , and Tania M. Varela , for appellee/cross-appellant.

Before SHEPHERD, C.J., and SALTER and LOGUE, JJ.


LOGUE, J.

Appellants challenge a final summary judgment of the trial court that determined no coverage was owed under a claims-made insurance policy for a class action claim because the claim was filed outside the policy period. We hold that the trial court erred in determining that the class action claim was not covered. The class action claim at issue was based on the same or similar facts, circumstances, and transactions as a claim brought before the policy terminated...

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