United Automobile Insurance Company v. Total Health Care of Florida, Inc.

29 So. 3d 1145, 2009 Fla. App. LEXIS 17705, 2009 WL 4061556

• Court: District Court of Appeal of Florida
• Decided: November 25, 2009
• Docket: 3D07-1079
• Status: Published

Opinion

PER CURIAM.

United Automobile Insurance Company (“United”) appeals the trial court’s entry of final summary judgment in favor of Total Health Care of Florida, Inc. (“Total Health”). In granting final summary judgment, the trial court certified the following question as one of great public importance:

WHETHER THE CANCELLATION OF A NO FAULT INSURANCE POLICY CAN BE EFFECTIVE AB INI-TIO IN LIGHT OF THE MANDATORY REQUIREMENTS IMPOSED BY THE FLORIDA NO FAULT LAW, §§ 627.730-7405, FLORIDA STATUTES (2007)?

We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(4)(A). Based on the authority of United Automobile Insurance Company v. Salgado, 22 So.3d 594 (Fla. 3d DCA 2009), we answer the question in the affirmative, reverse the trial court’s order granting final summary judgment, and remand for further proceedings consistent with that opinion.