IDANIA RIOS, APPELLANT,
v.
FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, APPELLEE
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The court held that the insurance policy was effectively cancelled for nonpayment and the producing agent lacked apparent authority to bind the insurer to a reinstatement representation.
Plaintiff sought to enforce an insurance policy that had been cancelled for nonpayment of premium. The plaintiff relied on representations from the pr…
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PER CURIAM.
The plaintiff-appellant sought to enforce an insurance policy which had been regularly cancelled for nonpayment of premium. A summary judgment was entered for the appellee insurer. On this appeal, it is urged (1) that the cancellation was not effective and (2) that the producing agent of the assigned risk upon whose representations the plaintiff relied for reinstatement of the policy was the agent for the company. We affirm.
The plaintiff presents no genuine issue on the cancellation question. The un-controverted facts show an effective cancellation pursuant to Section 627.728, Florida Statutes (1977). It is established that a producing agent does not become the agent of the insurer solely by virtue of the operation of the assigned risk plan. See American Casualty Company of Reading, Pennsylvania v. Castellanos, 203 So. 2d 26 (Fla.3d DCA 1967). That case did hold that the insurance company had “clothed” the agent with “apparent authority” when it accepted the benefit of no less than five transactions with the policyholder subsequent to the original issuance of the policy. The present case is devoid of any action subsequent to the issuance of the policy that could be said to clothe the agent with apparent authority to bind the company to a representation of reinstatement.
Affirmed.
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T & R Store Fixtures, Inc. v. Travelers Ins. Co., 621 So. 2d 1388 (Fla. 3d DCA 1993)…independent agent or broker acts on behalf of the insured, see Travelers Ins. Co. v. Quirk, 583 So. 2d 1026 (Fla.1991); Florida East Coast Properties, Inc. v. Tifco, Inc., 556 So. 2d 750 (Fla. 3d DCA 1989); Rios v. Florida Farm Bureau Mut. Ins. Co., 371 So. 2d 700 (Fla. 3d DCA 1979); Auto-Owners Ins. Co. v. Yates, 368 So. 2d 634 (Fla. 2d DCA 1979), cert. denied, 378 So. 2d 351 (Fla.1979), therefore applies and, on this ground, summary judgment was correctly entered below that the insured remains liable to the…
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Liberty Mut. Ins. Co. v. Sommers, 472 So. 2d 522 (Fla. 1st DCA 1985)…Jur.2d Agency and Employment § 36. Although it has been held that a producing agent does not become the agent of an insurer solely by virtue of the operation of an assigned risk plan, see Rios v. [*525] Florida Farm Bureau Mutual Insurance Company, 371 So. 2d 700 (Fla. 3rd DCA 1979), it has also been held that an insurer should be bound by the acts of a producing agent whom the insurer has clothed with apparent authority to bind it. American Casualty Co. of Reading, Pa. v. Costellanos, 203 So. 2d 26 (Fla. 3r…
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Fid. & Cas. Co. OF NEW York v. Britt, 393 So. 2d 41 (Fla. 3d DCA 1981)…does not apply to policies issued through the FJUA. See, American Casualty Co. of Reading, Pa. v. Castellanos, 203 So. 2d 26 (Fla. 3d DCA 1967); § 627.311(1), Fla.Stat. (1979). On this point we distinguish Rios v. Florida Farm Bureau Mut. Ins. Co., 371 So. 2d 700 (Fla. 3d DCA 1979), upon which the appellant heavily relies. That decision merely held that the agent there did not possess either the actual or apparent authority to reinstate a policy notwithstanding the insurer’s previous valid cancellation for n…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Am. Cas. Co. OF Reading v. Castellanos, 203 So. 2d 26 (Fla. 3d DCA 1967)