Florida District Courts of Appeal, 1984

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

Calhoun v. Retail Wholesale & Department Store International Union & Industry Health Benefit Fund
Florida District Courts of Appeal · Decided February 21, 1984 · Bark, Baskin, Dull, Schwartz
446 So. 2d 1117; 1984 Fla. App. LEXIS 11908 (Southern Reporter, Second Series)

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

Opinion of the Court

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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