CHESAPEAKE HOUSE, INC., APPELLANT,
v.
LEE MUTUAL INSURANCE AGENCY, INC., APPELLEE

Fla. 2d DCA | 1970-09-11
No. 69-572
HOBSON, C. J., and LILES, J., concur.
239 So. 2d 602 Florida District Court of Appeal, Second District (1970) Positive Treatment
Cited by 19 cases
Opinion of the Court
MANN, Judge.

MANN, Judge.

An insurance broker is not, as a matter of law, the insured’s agent for receipt of premium refund upon cancellation. Hermann v. Niagara Fire Ins. Co., 1885, 100 N.Y. 411, 3 N.E. 341. Whether the broker is agent as a matter of fact is not determined by the record on which summary judgment was entered. Agency, pleaded here, is yet to be determined. Miller v. Chase & Co., 1924, 88 Fla. 500, 102 So. 553. See 44 C.J.S. Insurance § 168; 44 Am.Jur.2d Insurance § 151 et seq.

Reversed and remanded.

HOBSON, C. J., and LILES, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Prudential-Bache Sec., Inc. v. Shuman, 483 So. 2d 888 (Fla. 3d DCA 1986)
    …upon the party feeling aggrieved to demonstrate bias or prejudice on the part of the arbitrators and if that burden is not sustained the award must be affirmed, [citation omitted] Weeki Wachee Orchid Gardens, Inc. v. Florida Inland Theatres, Inc., 239 So. 2d 602, 603 (Fla. 2d DCA 1970), cert. denied, 246 So. 2d 110 (Fla.), appeal dismissed, 246 So. 2d 110 (Fla.1971). See also Affiliated Marketing; Bankers & Shippers Insurance Co. v. Gonzalez, 234 So. 2d 693 (Fla. 3d DCA 1970). As did the court in Weeki Wac…
  • Affiliated Mktg., Inc. v. Dyco Chems. & Coatings, Inc., 340 So. 2d 1240 (Fla. 2d DCA 1976)
    …lez, 234 So. 2d 693 (Fla.3d DCA 1970). The proceedings before an arbitrator are not generally to be examined by the court for the purpose of determining how the arbitrator arrived at his award. Weeki Wachee Orchid Gardens v. Florida Inland Theatres, 239 So. 2d 602 (Fla.2d DCA 1970). The Florida Arbitration Code specifically states when a court may vacate an arbitration award. Thus, Section 682.13, Florida Statutes (1973) provides: “682.13 Vacating an award.— (1) Upon application of a party, the court shall…
  • Newport Motel, Inc. v. Cobin Rest., Inc., 281 So. 2d 234 (Fla. 3d DCA 1973)
    …67 Fla. 154, 64 So. 742 (1914); Johnson v. Wells, 72 Fla. 290, 73 So. 188 (1916); Carol City Utilities, Inc. v. Gaines Construction Co., Fla.App.1967, 201 So. 2d 242; Weeki Wachee Orchid Gardens, Inc. v. Florida Inland Theatres, Inc., Fla.App.1970, 239 So. 2d 602. A history of this litigation is necessary for a consideration of the point addressed to the amount of the attorney’s fee allowed. The fee was allowed by the trial court because of a provision in the lease which was the basis of the litigation. The…

Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw