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State Courts -
Florida - January 28, 2009
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Bortell v. White Mts. Ins. Group, Ltd, No. 4D07-4219,
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, January 28, 2009, Decided
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Overview: An insurance agent had no standing to sue an insurer he represented under ¿ 624.155(2), Fla. Stat., for operating without a certificate of authority because the statute only allowed a "party" to bring such a suit, and, under the statutory framework, "party" meant a party to an insurance contract, nor did the statute let him sue related individuals.
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Browning v. Angelfish Swim Sch., Inc., No. 3D08-1827,
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, January 28, 2009, Opinion Filed
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Overview: Certification of class of corporate plaintiffs that asserted late annual report and reinstatement fees they had to pay violated Art. I, ¿ 17, Fla. Const., satisfied first three elements of Fla. R. Civ. P. 1.220(a), but adequacy of representation element was not satisfied as one representative could only afford a mailing and second had no assets.
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