View Summary
RONNIE ARAD RICHARD L. GLATZER and ELLIOTT B. WEINGER Appellants/Cross Appellees
vs.
CADUCEUS SELF INSURANCE FUND INC. Appellee/Cross Appellant
Click Here to Read the Full Case Summary
Issues:
Private right of action.
Case Summary:
Three physicians appeal a lower court's ruling concerning a dispute with an insurance trust they had once supported. The physicians were members of a trust that they established with other physicians to offset the cost of malpractice insurance. Several physicians broke away from the trust and filed for rescission, alleging fraud. The administrators of the trust filed a motion for summary judgment.
Decision of lower jurisdiction:
A trial court ruled in part for the physicians' petition for rescission, but also ruled in part for the trust. The trial court ruled that the physicians filed suit before exhausting the administrative options available to them. The physicians now appeal.
Outcome:
A split decision. The Florida Court of Appeals, Fourth District, reversed and remanded the case with specific instructions to enter a judgment of rescission with no further payment to be made to the plaintiffs. The appeals court affirmed the remaining points at issue.