DAVID & DASH, INC., A FLORIDA CORPORATION, APPELLANT,
v.
UNIGARD MUTUAL INSURANCE COMPANY, ETC., ET AL., APPELLEES
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David & Dash, Inc. appealed a summary judgment in favor of Unigard Insurance Company regarding coverage for off-premises personal property losses. The court affirmed, holding that Titan Agencies, the insurance broker, lacked both actual and apparent authority to bind Unigard to coverage for losses occurring before the formal off-premises endorsement was issued in February 1974.
No. Titan had neither actual nor apparent authority to bind Unigard to the risk. Titan lacked the indicia of authority to bind Unigard, such as application forms, literature, or letterheads, and did not hold itself out as an agent of Unigard. Any misunderstanding regarding coverage was between plaintiff and Titan, not involving Unigard.
[1] An insurance agent's apparent authority to bind an insurer does not exist where the agent lacks the indicia of authority and does not hold itself out as an agent of the i…
[2] An insurer is not bound by an agent's misrepresentations regarding coverage if the agent lacked actual or apparent authority to bind the insurer.
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Join FLexlaw to unlock all legal intelligence“Titan did not have in its possession the indicia of authority to bind Unigard, i. e. application forms, literature, letterheads, calling cards, etc.”
Establishes the court's rationale that apparent authority requires visible manifestations of authority from the principal
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Join FLexlaw to unlock all legal intelligenceDavid & Dash, a fabric and wall covering wholesaler, obtained casualty insurance through Titan Agencies, which secured an Unigard policy effective Oct…
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PER CURIAM.
Plaintiff appeals a summary final judgment entered in favor of defendant Uni-gard Insurance Company.
Plaintiff-appellant, David & Dash, Inc., is a wholesaler of fabrics and wall coverings and for several years previous to 1973 obtained its insurance coverage through defendant Titan Agencies, Inc., a Miami insurance agency. Effective October 15, 1973, a casualty insurance policy issued by Unigard Mutual Insurance Company was obtained by Titan through Inram Corporation, a New York insurance broker. The policy covered, inter alia, plaintiff’s personal property against fire losses at three specified Miami locations. In the latter part of October, representatives of Titan met with representatives of plaintiff to confer on the matter of coverage for personal property located at various places other than the three Miami locations specified in the policy. Here deposition testimony is conflicting. Plaintiff’s witnesses claimed that Titan’s representatives told them that there already was coverage for off-premises personal property losses, or that Titan would obtain such coverage to be effective as of the date of the meeting. In his deposition Titan’s representative testified he never made a statement that plaintiff was so covered, but rather that Titan would try to obtain such coverage for which an additional premium would be charged. Titan requested a quotation on the additional coverage from Inram Corporation and effective February 27, 1974 off-premises coverage was obtained by Titan through Inram Corporation. In the meantime, plaintiff suffered the loss of off-premises personal property in two fires — one in Freeport, New York on November 10, 1978; the other at Hallandale, Florida on January 15, 1974. Unigard denied coverage and plaintiff filed several complaints against Unigard and Titan alleging that the property lost in the fires was represented by Titan as being insured under the Unigard policy. Following pretrial discovery, Unigard was granted final summary judgment. Plaintiff appeals and argues that there is a genuine issue of fact as to whether Titan had the apparent authority to bind coverage on behalf of Unigard. We cannot agree.
First, Titan had no actual authority to bind Unigard to the risk. Second, assuming arguendo that Titan at the meeting in October 1973 advised plaintiff that it was immediately covered for off-premises losses, there is no evidence that Titan had the apparent authority to so bind Unigard. Titan did not have in its possession the indicia of authority to bind Unigard, i. e. application forms, literature, letterheads, calling cards, etc. Plaintiff did not sign an application form for the insurance and the record nowhere reflects that Titan held itself out to be an agent of Unigard. See Centennial Insurance Company v. Parnell, 83 So. 2d 688 (Fla.1955). Any misunderstanding as to the effective date of off-premises coverage is between plaintiff and Titan. Thus, Unigard would not be involved. See Peddy v. Pacific Employers Insurance Company, 246 F. 2d 306 (5th Cir.1957) and Centennial, supra.
Affirmed.
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Smith v. Am. Auto. Ins. Co., 498 So. 2d 448 (Fla. 3d DCA 1986)…urance applications did not give Berwick apparent authority to bind AAIC. Applefield v. Commercial Standard Insurance Co., 176 So. 2d 366 (Fla. 2d DCA), cert. denied, 183 So. 2d 209 (Fla.1965); cf. David & Dash, Inc. v. Unigard Mutual Insurance Co., 343 So. 2d 86 (Fla. 3d DCA 1977). Where there has been no representation there can be no reliance. See Owen Industries, Inc., 354 So. 2d at 1262; cf. H.S.A., Inc., 285 So. 2d 690. We conclude, based upon the foregoing analysis, that Berwick did not have the actu…
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John Rondinelli, Inc. v. Safeco Title Ins. Co., 544 So. 2d 326 (Fla. 5th DCA 1989)…s well established in Florida and other jurisdictions that, given an agent’s apparent authority, no inquiry into that authority is necessary unless the circumstances suggest a limitation on it. David & Dash, Inc. v. Unigard Mutual Insurance Company, 343 So. 2d 86 (Fla. 3d DCA 1977); Russell v. Eckert, 195 So. 2d 617, 621 (Fla. 2d DCA 1967); Hughes v. Pierce, 141 So. 2d 280 (Fla. 2d DCA 1961). As stated in Applefield v. Commercial Standard Ins. Co., 176 So. 2d 366, 377 (Fla. 2d DCA 1965): [Wjhatever is suffi…
Authorities Cited
- Centennial Ins. Co. v. Parnell, 83 So. 2d 688 (Fla. 1955)
- Peddy v. Pac. Emp'rs Ins. Co., 246 F.2d 306 (5th Cir. 1957)