Calhoun v. Retail Wholesale & Department Store International Union & Industry Health Benefit Fund

District Court of Appeal of Florida

Calhoun v. Retail Wholesale & Department Store International Union & Industry Health Benefit Fund

446 So. 2d 1117, 1984 Fla. App. LEXIS 11908

District Court of Appeal of Florida·Decided February 21, 1984·No. No. 83-1920·Published

Opinion

SCHWARTZ, Chief Judge.

The trial court correctly ruled that the appellee Fund, established pursuant to a collective bargaining agreement for the payment of specified benefits to union members like the appellant Calhoun, is not an “insurer” liable for attorney’s fees under Sec. 627.428, Fla.Stat. (1981). Sec. 624.03, Fla.Stat. (1981); Brotherhood’s Relief and Compensation Fund v. Cagnina, 155 So.2d 820 (Fla. 2d DCA 1963); see Zinke-Smith, Inc. v. Florida Insurance Guarantee Association, Inc., 304 So.2d 507 (Fla. 4th DCA 1974), cert. denied, 315 So.2d 469 (Fla.1975).

Affirmed.

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SCHWARTZ, Chief Judge.

The trial court correctly ruled that the appellee Fund, established pursuant to a collective bargaining agreement for the payment of specified benefits to union members like the appellant Calhoun, is not an “insurer” liable for attorney’s fees under Sec. 627.428, Fla.Stat. (1981). Sec. 624.03, Fla.Stat. (1981); Brotherhood’s Relief and Compensation Fund v. Cagnina, 155 So.2d 820 (Fla. 2d DCA 1963); see Zinke-Smith, Inc. v. Florida Insurance Guarantee Association, Inc., 304 So.2d 507 (Fla. 4th DCA 1974), cert. denied, 315 So.2d 469 (Fla.1975).

Affirmed.

Calhoun v. Retail Wholesale & Department Store International Union & Industry Health Benefit Fund, 446 So. 2d 1117, 1984 Fla. App. LEXIS 11908 (Fla. Ct. App. 1984).

Pincite

446 So. 2d 1117 (Calhoun v. Retail Wholesale & Department Store International Union & Industry Health Benefit Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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