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National Continental Insurance Co. v. Perez
Citations: 897 So. 2d 492; 2005 Fla. App. LEXIS 86Docket: No. 3D03-1062
Court: District Court of Appeal of Florida; January 11, 2005; Florida; State Appellate Court
National Continental Insurance Company appeals a class certification order involving insured individuals, including Hector Perez, Jr., who assert they were inadequately compensated for losses after the insurer recovered from third parties. The insureds allege that the insurer only reimbursed a prorated portion of their collision deductibles, factoring in their contributory negligence. The case references Monte De Oca v. State Farm Fire and Cas. Co., which established that an automobile insurer does not violate the made-whole doctrine by returning a correctly calculated prorated deductible to a contributorily negligent insured following a subrogation recovery. Although the trial court acted within its discretion in limiting its ruling to class certification, the legal principles from Monte De Oca apply directly to this case, leading to the conclusion that the order must be reversed. The decision is therefore reversed and remanded.