American Medical Security v. Addison

District Court of Appeal of Florida

American Medical Security v. Addison

802 So. 2d 357, 2001 Fla. App. LEXIS 14676, 2001 WL 1230657

CourtDistrict Court of Appeal of Florida

DecidedOctober 17, 2001

DocketNo. 4D00-4114

StatusPublished

This text of 802 So. 2d 357 (American Medical Security v. Addison) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Medical Security v. Addison, 802 So. 2d 357, 2001 Fla. App. LEXIS 14676, 2001 WL 1230657 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

This is a non-final appeal from an order certifying a class action which we have jurisdiction to review under rule 9.130(a)(3)(C)(vi), Florida Rule Appellate Procedure. The lawsuit arises out of group health insurance plans in which the insurer is appellant United Wisconsin and the administrator is appellant American Medical. Appellee plaintiffs allege that the defendants violated Florida Statutes when they cancelled policies without properly offering replacement coverage.

Although the only order entered in this case which is appealable as a non-final appeal is the order certifying this as a class action, the first two issues raised by defendants involve alleged errors in the court’s denial of the defendants’ motion to dismiss.

The motion to dismiss asserted that after this suit was filed, the Florida Department of Insurance instituted administrative proceedings against United Wisconsin based on the same violations alleged by plaintiffs and that the Department had primary jurisdiction over the claims raised in this case both as to United Wisconsin and American Medical. The problem is that a trial court’s non-final order as to this issue is not subject to non-final review and must wait until final disposition of the case. South Lake Worth Inlet Dist. v. Town of Ocean Ridge, 633 So.2d 79, 86 (Fla. 4th DCA 1994).

We accordingly do not have jurisdiction to review that issue or other issues raised by defendants in their motions to dismiss which do not involve the propriety of class certification. We agree with plaintiffs that the trial court did not err in certifying this as a class action as to both United Wisconsin and American Medical. Affirmed.

WARNER, KLEIN and SHAHOOD, JJ., concur. •

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PER CURIAM.

This is a non-final appeal from an order certifying a class action which we have jurisdiction to review under rule 9.130(a)(3)(C)(vi), Florida Rule Appellate Procedure. The lawsuit arises out of group health insurance plans in which the insurer is appellant United Wisconsin and the administrator is appellant American Medical. Appellee plaintiffs allege that the defendants violated Florida Statutes when they cancelled policies without properly offering replacement coverage.

Although the only order entered in this case which is appealable as a non-final appeal is the order certifying this as a class action, the first two issues raised by defendants involve alleged errors in the court’s denial of the defendants’ motion to dismiss.

The motion to dismiss asserted that after this suit was filed, the Florida Department of Insurance instituted administrative proceedings against United Wisconsin based on the same violations alleged by plaintiffs and that the Department had primary jurisdiction over the claims raised in this case both as to United Wisconsin and American Medical. The problem is that a trial court’s non-final order as to this issue is not subject to non-final review and must wait until final disposition of the case. South Lake Worth Inlet Dist. v. Town of Ocean Ridge, 633 So.2d 79, 86 (Fla. 4th DCA 1994).

We accordingly do not have jurisdiction to review that issue or other issues raised by defendants in their motions to dismiss which do not involve the propriety of class certification. We agree with plaintiffs that the trial court did not err in certifying this as a class action as to both United Wisconsin and American Medical. Affirmed.

WARNER, KLEIN and SHAHOOD, JJ., concur. •

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Bluebook (online)

802 So. 2d 357, 2001 Fla. App. LEXIS 14676, 2001 WL 1230657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-medical-security-v-addison-fladistctapp-2001.

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