34 Fla. L. Weekly D2458b
29 So. 3d 1145
Insurance — Personal injury protection — Cancellation of no fault policy can be effective ab initio in light of mandatory requirements imposed by Florida No Fault Law
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. TOTAL HEALTH CARE OF FLORIDA, INC., ETC., Appellee. 3rd District. Case No. 3D07-1079. L. T. Case No. 04-1214. Opinion filed November 25, 2009. An appeal from the County Court for Miami-Dade County, Andrew S. Hague, Judge. Counsel: Michael J. Neimand, for appellant. Panter, Panter & Sampedro and Christian Carrazana, for appellee.
[Editor’s note: County court order published at 14 Fla. L. Weekly Supp. 570a]
(Before SUAREZ, ROTHENBERG, and LAGOA, JJ.)
(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 INITIO 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, 34 Fla. L. Weekly D1578 (Fla. 3d DCA Aug. 5, 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.
