CONTINENTAL CASUALTY COMPANY, A CORPORATION,
v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY, A CORPORATION
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Continental Casualty Company and Hartford Accident and Indemnity Company both issued workers' compensation insurance policies for the same employee. After the employer's insurer paid a workers' compensation award, it sought to recover contribution from Continental. The Florida Supreme Court affirmed the judgment that both insurers had active policies and Continental was liable for contribution.
Continental Casualty Company issued a policy in September 1938 that was not conclusively cancelled before the accident date, meaning both insurers had active policies. An implied contract arose requiring Continental to pay one-half of the award, making Hartford entitled to contribution from Continental.
“Under the facts stated, we do not think the Florida Industrial Commission is authorized to adjudicate the question of contribution between appellant and appellee since its powers are essentially administrative and not juridical.”
Establishes that the Industrial Commission lacks jurisdiction to decide contribution claims between insurers, limiting the scope of its res adjudicata effect.
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Join FLexlaw to unlock all legal intelligenceCharles Lee Whidden filed a workers' compensation claim for injuries sustained on December 9, 1938, and was awarded $1,540.71 by the Deputy Commission…
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Charles Lee Whidden filed a claim under Workmen’s Compensation against his employer Ridge Lakes Packing Company, for injuries received in an accident on December 9,1938. At a hearing before the Deputy Commissioner, he was awarded compensation ‘in the sum of $1540.71. The plaintiff appealed from this award but his appeal was dismissed by the circuit court. Appellee being the insurance carrier, paid the compensation awarded. This action was brought by appellee as plaintiff against appellant as defendant to recover one-half the amount of compensation so paid. From a judgment in favor of the plaintiff, defendant appealed.
It is first contended that the judgment of the Industrial Commission making the award was res adjudicata as to all matters decided thereby including any claim for contribution on the part of appellant.
Under the facts stated, we do not think the Florida Industrial Commission is authorized to adjudicate the question of contribution between appellant and appellee since its powers are essentially administrative and not juridical. Gray v. Gray, 91 Fla. 103, 107 So. 261; South Atlantic Steamship Co. of Delaware v. Tutson, 139 Fla. 405, 190 So. 675. Gray v. Gray, supra, is the leading case on res adjudicata in this State and the elements there stated as being essential to constitute it are not present in the case at bar.
The only other question essential to answer is whether or not appellant had a policy outstanding on December 9, 1938, the date of Whidden's accident, covering the loss and if so, is it liable to appellee for one-half of the award.
*744Appellant admits that it issued a policy in September, 1938, covering the loss in question but contends that said policy was cancelled prior to the date of the accident. The trial court overruled this contention and from an examination of the evidence we cannot say that he committed error. The record shows that appellant and appellee both issued policies covering the loss and it doés not conclusively appear that appellant had cancelled its policy.
Both companies were given notice of the claim in due course but the order to pay the award was only given to appellee. In this situation, we think there was an implied contract on the part of appellant to pay one-half the award and since appellee had paid the full amount, it is entitled to contribution from appellant. Coolies Brief on Insurance; page 6609.
The record and the evidence support the judgment appealed from. It is therefore affirmed.
Affirmed.
WHITFIELD, BUFORD, CHAPMAN and ADAMS, JJ., concur.
BROWN, C. J., and THOMAS, J., dissent.
dissenting:
I doubt if the doctrine of res adjudicata applies— but I have read this record and my conclusion from the evidence is that the employer never accepted appellant’s policy and never paid the premium.
BROWN, C. J.,
dissenting:
I doubt if the doctrine of res adjudicata applies— but I have read this record and my conclusion from the evidence is that the employer never accepted appellant’s policy and never paid the premium.
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Rice v. Dep't of Health & Rehabilitative Servs., 386 So. 2d 844 (Fla. 1st DCA 1980)…m the agency action, the policy behind res judica-ta is not served by foreclosing circuit court litigation on questions that could not have been effectively raised for decision by the agency. See Continental Cas. Co. v. Hartford Accid. & Indem. Co., 151 Fla. 742, 10 So. 2d 440 (1942). . This now-familiar phrase is of course borrowed from another context, Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc., 361 So. 2d 695, 699 (Fla.1978), where Justice England wrote for the Court that The determi…
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Miami-Dade Water & Sewer Auth. v. Cormio, 388 So. 2d 1238 (Fla. 1st DCA 1979)…ion, but as “simply an expressed recognition of a power existing in the legislative department of the state government.” In re Advisory Opinion to the Governor, 223 So. 2d 35, 37 (Fla.1969). . See Continental Cas. Co. v. Hartford Acc. & Indem. Co., 151 Fla. 742, 10 So. 2d 440 (1942); Stansell v. Marlin, 153 Fla. 421, 14 So. 2d 892 (1943); City of Miami v. Saco, 156 Fla. 634, 24 So. 2d 115 (1946); Vargas, supra, 345 So. 2d at 1053. . Article V, Section 4(b)(1): District courts of appeal shall have jurisdi…
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Authorities Cited
- Gray v. Gray, 91 Fla. 103 (Fla. 1926)
- S. Atl. S.S. Co. of Del. v. Sumpter Tutson and Katie May Tutson, 139 Fla. 405 (Fla. 1939)