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Legal Opinion · Dissent

SAFEWAY PREMIUM FINANCE CO. v. Sosa

District Court of Appeal of Florida

Decided April 8, 2009No. 3D06-2579Published

1DissentGersten, C.J.

I respectfully dissent. Because the trial court did not abuse its discretion in certifying this class action, I would affirm.

Lazaro E. Sosa (“Sosa”) financed the premium for his automobile insurance policy with Safeway Premium Finance Company (“Safeway”). The policy was for a six-month term. Safeway charged Sosa an additional service charge of $20 when he financed the six-month premium. When Sosa renewed his policy for another six-month term, Safeway again assessed him the $20 additional service charge.

Section 627.840(3)(b), Florida Statutes (2002), allows a premium finance company to charge…

2Cases cited9 opinions

  1. Rollins, Inc. v. ButlandDistrict Court of Appeal of Florida · 2006
  2. Department of Revenue v. KuhnleinSupreme Court of Florida · 1994
  3. COLONIAL PENN v. Magnetic Imaging SystemsDistrict Court of Appeal of Florida · 1997
  4. Johnson v. PLANTATION GENERAL HOSP.Supreme Court of Florida · 1994
  5. Wyeth, Inc. v. GottliebDistrict Court of Appeal of Florida · 2006

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