that Allstate provided members of the putative class with insufficient payment on bills that have already been incurred, and it would give those class members a right to receive additional payment.” Id. at 1318, n. 3. In contrast, Plaintiff directs the Court to Bristol West Insurance Co. v. MD Readers, Inc., 52 So.3d 48, 51 (Fla. 4th DCA 2010), decided four years before Wellness. In that case, the Florida appellate court allowed a similar class claim for a declaratory action to move forward without a demand letter. However, in Bristol, the court hinged its decision on the fact that “not one member of the class can collect based upon th[e] declaration,” because “any subsequently-filed cause of action for benefits due ... would be barred by relevant statutes of limitation.” Id. at 51 (<HOLDING>). So, unlike the case presented here, in
holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action holding that filing of infringement action twelve days after complaint for declaratory judgment obviated the need for a declaratory judgment in this case holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment holding that because the declaratory judgment seeks no damages whatsoever it is not an action for benefits holding that in a declaratory judgment action it is the character of the impending action not the plaintiffs defense that determines whether there is federal question jurisdiction