ARTHUR FROGEL, JAMES MILES AND ROBERT DORSEN, INDIVIDUALLY AND AS CLASS REPRESENTATIVES, AND LEISURE RESORT, INC., A DELAWARE CORPORATION, LAWRENCE O. PERL, DONALD R. CALABRO, ELLIOT B. BARNETT, DAVID T. CHASE, ROGER M. FREEDMAN, FRANK DONOVAN, AND JAMES BENT, APPELLANTS,

v.

FRANK J. ROONEY, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• Travelers Ins. Co. v. Quirk, 583 So. 2d 1026 (Fla. 1991)
  …BARKETT, Justice. We review Quirk v. Anthony, 563 So. 2d 710 (Fla. 2d DCA 1990), based on asserted conflict with Gast v. Nationwide Mutual Fire Insurance Co., 516 So. 2d 112 (Fla. 5th DCA 1987); and Empire Fire & Marine Insurance Co. v. Koven, 402 So. 2d 1352 (Fla. 4th DCA 1981).1 James H. Quirk was a passenger in a truck that was owned by his employer, West Coast Excavating, when it collided with another automobile. Q…
• Quirk v. Anthony, 563 So. 2d 710 (Fla. 2d DCA 1990)
  …and employees do not have standing to contest the carrier’s failure to obtain a written rejection, no one will ever have standing. We recognize that this holding may conflict with the rule announced in Cast v. Nationwide Mutual Fire Insurance Co., 516 So. 2d 112 (Fla. 5th DCA 1987). In Gast, the Fifth District apparently applied the 1985 statute and held that a similarly situated employee could not challenge the insurance company’s failure to obtain a [*715] written rejection. In that case, however, the cou…
• Fed. Ins. Co. v. Norris, 543 So. 2d 776 (Fla. 1st DCA 1989)
  …insured vehicle and not a party to the contract. A mere permissive user may be precluded from asserting certain technical deficiencies as to the manner in which uninsured coverage is rejected. See e.g., Gast v. Nationwide Mutual Fire Insurance Co., 516 So. 2d 112 (Fla. 5th DCA 1987); Del Prado v. Liberty Mutual Insurance Co., 400 So. 2d 115 (Fla. 4th DCA 1981), rev. dismissed 407 So. 2d 1105 (Fla.1981). But the inability to assert such technical deficiencies does not preclude the consideration of other issue…

Authorities Cited

• NEW River Yachting Ctr., Inc. v. Bacchiocchi, 407 So. 2d 607 (Fla. 4th DCA 1981)
• Lutheran Senior Citizens' Found., Inc. v. Schumacher, 355 So. 2d 861 (Fla. 3d DCA 1978)