Florida Appellate Court Rules Plaintiff Has Standing to Bring Class Action Seeking Uninsured Motorist Insurance Coverage

The plaintiff had obtained a declaratory judgment that the insurance company defendant must provide her with uninsured motorist coverage.  Subsequently, and while her claims against the defendant for liability and damages were pending, the plaintiff sought class certification, seeking to obtain uninsured motorist coverage for a “class” of persons.  The trial court found that she lacked standing to bring this class action, but Florida’s Third District Court of Appeal reversed.  The court found that she had standing, regardless of her qualifications as class representative, because as there was no final judgment on her claims, she had a case or controversy with the defendant. Judge Frank A. Shepherd dissented, arguing that the plaintiff’s standing ceased when the declaratory judgment resolved her individual dispute pertaining to uninsured motorist coverage.  Ferreiro v. Phila. Indem. Ins. Co., 2006 Fla. App. LEXIS 3286 (Fla. 3d DCA 2006).  (March 8). - A.L.