Fortune Insurance Co. v. USA Diagnostics, Inc.

In this timely petition for writ of certio-rari, petitioner challenges an order which denied its motion to stay arbitration proceedings. This case began after respondent USA Diagnostics, Inc. sought damages in Broward County Circuit Court for unpaid interest as an assignee of one of petitioner’s insureds. It also sought class action status for the claim. Thereafter, petitioner filed a motion to compel arbitration of the respondent’s claim pursuant to section 627.736, Florida Statutes (1993), and the insured’s underlying policy. The trial court first denied the petitioner’s motion, but later…