Chesapeake House, Inc. v. Lee Mutual Insurance Agency, Inc.
Florida District Courts of Appeal
Chesapeake House, Inc. v. Lee Mutual Insurance Agency, Inc., 239 So. 2d 602 (1970)
Hobson, Liles, Mann
Chesapeake House, Inc. v. Lee Mutual Insurance Agency, Inc.
Opinion of the Court
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.
Reference
- Full Case Name
- CHESAPEAKE HOUSE, INC. v. LEE MUTUAL INSURANCE AGENCY, INC.
- Cited By
- 2 cases
- Status
- Published