Furlong v. Scrima
Furlong v. Scrima
Opinion of the Court
Appellee-plaintiff Scrima, d/b/a Reliable Trash Hauling [hereinafter Scrima] was desirous of obtaining workmen’s compensation coverage and upon application the risk was assigned to appellee State Automobile Insurance Association [hereinafter State]. In notifying State of the assignment, the Florida Compensation Rating Bureau stated :
“The plan provides that within three working days after receipt of this assignment your office shall notify the employer (with a copy to this office) of the terms and conditions under which the policy will be issued together with a request for the necessary advance premium. Upon receipt of the required premium, your company shall issue a binder or policy to become effective as of 12:01 A.M., on the first day following receipt of such premium.” [Emphasis supplied.]
Pursuant to these instructions, State sent a letter directly to the applicant Scrima, with a copy to the appellant Furlong Insurance Agency, notifying Scrima of the assignment and setting out the total estimated annual premium of $431.35. In addition, the letter also set out the terms and condi
“Upon receipt of your Certified or Cashier’s check in full payment of this premium, a standard Workmen’s Compensation policy as called for under the Florida Compensation Act will be issued and forwarded to you.” [Emphasis supplied. 1
On August 6th, Scrima gave his personal check for the full premium to the appellants Furlong, as producer of record. Furlong issued an agency check and sent it to State after deducting a 5% commission.
We have carefully considered the record, briefs and arguments of counsel, in light of the controlling principles of law, and have concluded that no reversible error has been made to appear. The evidence presented was insufficient to sustain the parties’ contentions of the existence of an agency relationship (express, implied or otherwise), between the Furlong agency and State, so as to bind State to coverage as of August 6th, the date the initial check was given to Furlong by Scrima. Moreover, it is apparent that the appellants failed to comply with the’ explicit requirements set out by State as to amount and manner of payment of the premium so as to afford Scrima timely coverage.
Therefore, no reversible error having been made to appear, the orders and final judgment appealed from are hereby affirmed.
Affirmed.
. The 5% commission is permissible under the Workmen s Compensation Assigned Risk Plan of Florida.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.