Opinion

Brown v. Dealers Insurance Co.

  • 13 Fla. L. Weekly 2675
  • 534 So. 2d 908
  • 1988 Fla. App. LEXIS 5470
  • 1988 WL 131124
Court
District Court of Appeal of Florida
Filed
Dec 13, 1988
Status
Published
On the bench
Barfield, Smith, Zehmer
Cited by
1 cases
Authority
More cited than 52.0%

The opinion

PER CURIAM.

The summary final judgment for appel-lees, Dealers Insurance Company and Florida Managing General Agency, Inc., # 555, is reversed and the cause is remanded for further proceedings. The record reveals material facts in dispute concerning whether Kirkpatrick Insurance Agency was acting as the agent of appellant, Daniel P. Brown, or of appellees. FMGA was a designated agency for Dealers Insurance Company, and FMGA had a contractual relationship with Kirkpatrick Insurance Agency for the placing of insurance. It cannot be said as a matter of law that Kirkpatrick Insurance Agency was at all times acting as the agent for appellant, Daniel P. Brown, and was not acting within the real or apparent scope of authority from FMGA. See Gaskins v. General Insurance Company of Florida, 397 So.2d 729 (Fla. 1st DCA 1981); Russell v. Eckert, 195 So.2d 617 (Fla. 2d DCA 1967); Lumbermens Mutual Casualty Co. v. Savigliano, 422 So.2d 29 (Fla. 4th DCA 1982).

Similarly, we find material facts are in dispute concerning the alleged misrepresentations on the application for insurance that preclude the entry of summary judgment for the appellees because appellant and Kirkpatrick’s employees have given different versions of the facts. Beneby v. Midland National Life Insurance Co., 402 So.2d 1193 (Fla. 3d DCA 1981).

REVERSED AND REMANDED.

SMITH, C.J., and ZEHMER and BARFIELD, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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