STATE OF FLORIDA, APPELLANT,

v.

RANDOLPH M. SMITH, APPELLEE

Citator

Cited By (21 total)

• Florine G. Gaskins and George W. Gaskins v. Gen. Ins. Co. OF Fla., 397 So. 2d 729 (Fla. 1st DCA 1981)
  …summary judgment clearly show that the insurance agency was a “broker,” and was not acting as agent for [*731] appellee in obtaining the information from appellants and completing the application. Relying upon Auto Owners Insurance Company v. Yates, 368 So. 2d 634 (Fla. 2nd DCA 1979), appellee asserts that any knowledge obtained or errors committed by the “broker’s” employee in filling out the application cannot be attributed to appellee. Further, according to appellee’s view, the application itself is not am…
• Almerico v. RLI Ins. Co., 716 So. 2d 774 (Fla. 1998)
  …3d, § 45:1 (1997) (footnotes omitted). As a general principle, an insurance broker is an agent of the insured. See, e.g., Boulton Agency, Inc. v. Phoenix Worldwide Industries, Inc., 698 So. 2d 1248 (Fla. 3d DCA 1997); Auto-Owners Ins. Co. v. Yates, 368 So. 2d 634 (Fla. 2d DCA 1979). However, it is equally well settled that the insurance broker may act in the dual capacity of broker for the insured and agent [*777] of the insurer. American Fire Ins. Co. v. King Lumber & Mfg. Co., 74 Fla. 130, 151, 77 So. 168…

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• Alejano v. Hartford Accident & Indem. Co., 378 So. 2d 104 (Fla. 3d DCA 1979)
  …insurance company has no duty to explain uninsured motorist coverage to an insurance applicant unless the applicant asks for an explanation; Lopez v. Midwest Mutual Insurance Company, 223 So. 2d 550 (Fla.3d DCA 1969); Auto-Owners Ins. Co. v. Yates, 368 So. 2d 634 (Fla.2d DCA 1979); and (b) a party who signs his name to an instrument cannot deny its contents on the ground that he signed it without reading it unless he shows facts indicating circumstances which prevented his reading it. All Florida Surety Co.…

Authorities Cited

• Helmig v. State, 330 So. 2d 246 (Fla. 1st DCA 1976)