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

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1984

DocketNo. 83-1920

StatusPublished

This text of 446 So. 2d 1117 (Calhoun v. Retail Wholesale & Department Store International Union & Industry Health Benefit Fund) 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.

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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).

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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.

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446 So. 2d 1117, 1984 Fla. App. LEXIS 11908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-retail-wholesale-department-store-international-union-fladistctapp-1984.

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