Allstate Indemnity Co. v. Domato

Allstate appeals an order granting class certification in the breach of contract suit filed by its insured, Carlos Domato. Doma-to, the putative class representative, alleged that Allstáte habitually withdraws PIP coverage from its insureds without first obtaining an independent medical examination (IME) showing that the claimed medical costs, being challenged by Allstate, were unreasonable or unnecessary. We find that Domato is an improper class representative, as his claim against Allstate is atypical of the class he purports to represent. See Fla. R. Civ. P. 1.220(a); Baptist Hosp. of…