Northwestern Nat. Ins. Co. v. Greenspun, s. 75--1927
| Decision Date | 20 April 1976 |
| Docket Number | 75--1944,Nos. 75--1927,s. 75--1927 |
| Parties | NORTHWESTERN NATIONAL INSURANCE COMPANY, Appellant, v. Stanley GREENSPUN and Bert Rudick, Individually and on behalf of all other persons similarly situated, Appellees. |
| Court | Florida District Court of Appeals |
Welbaum, Zook, Jones & Williams and Dan B. Guernsey, Miami, for appellant.
Michael E. Lipsky, Miami Beach, and Albert Wilensky, Miami, for appellees.
Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.
We are presented with an interlocutory appeal and a petition for certiorari directed to an order of the circuit court which denied Northwestern National Insurance Company's motion to dissolve a temporary injunction and directed that a board of three members be impaneled to hear testimony offered by the parties and make findings. The complaint of the appellees Stanley Greenspun and Bert Rudick was filed by them as representatives of a class. In the complaint it was alleged that the insurance company intended to increase its premiums upon its major medical insurance policies. The complaint further alleged that the real intention of the insurance company in increasing its rates was not to obtain higher premiums but to avoid contracts already written. Based upon these allegations, the plaintiff prayed (1) for a temporary injunction prohibiting a proposed rate increase, (2) for a permanent injunction of the same nature, and (3) for such other relief as the court might find proper. Based on this complaint and after taking testimony, the court entered a temporary injunction as follows:
The insurance company moved to dissolve the temporary injunction and an evidentiary hearing was held. Thereafter, the court entered the order which is now appealed. This order is, in pertinent part, as follows:
In this appeal, it is urged by the insurance company that the purpose of the suit is to have the circuit court set the rate that the company may charge on its policies and that such a purpose is outside the circuit court's jurisdiction. We readily agree that the circuit court does not have the power to set rates that may be charged upon private contracts of insurance in this state. Cf. Nationwide Mutual Insurance Company v. Williams, Fla.App.1966, 188 So.2d 368, 372. An injunction for this purpose would be improper. See Seaboard Oil Co. v. Donovan, 99 Fla. 1296, 128 So. 821, 825 (1930), holding that an injunction against the breach of a contract is measured by the same rules and practice as that involved in actions for specific...
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