AMEDEX INSURANCE CO., AND U.S.A. MEDICAL SERVICES CORP., APPELLANTS,
v.
VIOLETA SOBRADO ROTHE, THROUGH LAURA COLLADO, AS THE ADMINISTRATRIX OF THE ESTATE OF VIOLETA SOBRADO ROTHE, ET AL., APPELLEES
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The court affirmed certification of a class action by Costa Rica residents alleging breach of identical insurance contract provisions regarding policy non-renewal, rejecting arguments of conflicting interests and improper certification under Florida Rule of Civil Procedure 1.220(b).
A trial court does not abuse its discretion in certifying a class action where class representatives and absent class members share common interests in breach of identical insurance contract provisions.
[1] A trial court does not abuse its discretion in certifying a class action under Florida Rule of Civil Procedure 1.220(b) where class representatives and absent class membe…
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Join FLexlaw to unlock all legal intelligenceCosta Rica residents whose health insurance policies were non-renewed by Amedex Insurance Co. and U.S.A. Medical Services Corp. sought to certify a cl…
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SHEVIN, Judge.
Amedex Insurance Co. and U.S.A. Medical Services Corp. [collectively “Amedex”] appeal a non-final order certifying a class in an action by Costa Rica residents whose health insurance policies were non-renewed. The class action seeks redress for Amedex’s alleged breach of identical insurance contract provisions as to policy re-newability.
We reject Amedex’s contention that there is a conflict of interests between the class representatives and the absent class members or that the class was wrongly certified under Florida Rule of Civil Procedure 1.220(b).
A thorough review of the record and the case law demonstrates that the trial court did not abuse its discretion in certifying the class. See Shoma Dev. Corp. v. Vazquez, 749 So. 2d 1287 (Fla. 3d DCA 2000); Oce Printing Sys. USA, Inc. v. Mailers Data Servs., Inc., 760 So. 2d 1037 (Fla. 2d DCA 2000); Colonial Penn Ins. Co. v. Magnetic Imaging Sys. I, Ltd., 694 So. 2d 852 (Fla. 3d DCA 1997); Sears, Roebuck and Co. v. Labora, 670 So. 2d 1025 (Fla. 3d DCA 1996); Broin v. Philip Morris Cos., Inc., 641 So. 2d 888 (Fla. 3d DCA 1994), review denied, 654 So. 2d 919 (Fla.1995).
Cf. Cordell v. World Ins. Co., 418 So. 2d 1162 (Fla. 1st DCA 1982), review denied, 429 So. 2d 5 (Fla.1983).
Accordingly, we affirm the order.
Affirmed.
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Allstate Indem. Co. v. Leandro DE LA Rosa, 800 So. 2d 245 (Fla. 3d DCA 2001)…lasses and abated ruling on certification of yet one more class.1 After thoroughly reviewing the record and the case law it is apparent that the trial court did not abuse its discretion in granting class certification. See Amedex Ins. Co. v. Tothe, 794 So. 2d 630 (Fla. 3d DCA 2001); Shoma Dev. Co. v. Vazquez, 749 So. 2d 1287 (Fla. 3d DCA 2000); Oce Printing Sys. USA, Inc. v. Mailers Data Servs., Inc., 760 So. 2d 1037 (Fla. 2d DCA 2000); Colonial Penn Ins. Co. v. Magnetic Imaging Sys. I, Ltd., 694 So. 2d 852…
Authorities Cited
- Broin v. Philip Morris Cos., Inc., 641 So. 2d 888 (Fla. 3d DCA 1994)
- Colonial Penn Ins. Co. v. Magnetic Imaging Sys. I, Ltd., 694 So. 2d 852 (Fla. 3d DCA 1997)
- OCÉ Printing Sys. USA, Inc. v. Mailers Data Servs., Inc., 760 So. 2d 1037 (Fla. 2d DCA 2000)
- Cordell v. World Ins. Co., 418 So. 2d 1162 (Fla. 1st DCA 1982)
- Sears v. Labora, 670 So. 2d 1025 (Fla. 3d DCA 1996)
- Shoma Dev. Corp. v. Vazquez, 749 So. 2d 1287 (Fla. 3d DCA 2000)