SANDY PARKER, APPELLANT,
v.
SOUTH CAROLINA INSURANCE COMPANY, ET AL., APPELLEES
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Affirmed dismissal against State No-Fault Insurance Agency but reversed dismissal against South Carolina Insurance Company because evidence supported a factual issue regarding contract reinstatement through the agent's acceptance of premium payment and assurance of reinstatement.
When an insurance agent with apparent authority accepts a premium payment and assures reinstatement of a cancelled policy, a factual issue exists regarding whether a valid contract of insurance was reinstated.
[1] An insurance agent's acceptance of a premium payment and assurance of policy reinstatement after cancellation for non-payment raises a factual issue regarding contract fo…
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Join FLexlaw to unlock all legal intelligenceAppellant secured a casualty insurance contract with South Carolina Insurance Company through State No-Fault as agent. The contract was cancelled for …
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PER CURIAM.
This is an appeal from a final judgment entered after a bench trial during which the trial court granted a motion for involuntary dismissal against appellant. Appellant alleged and sought to establish the existence of a contract of casualty insurance with the appellee, South Carolina Insurance Company. Upon review of the record we agree that the appellant neither pleaded nor offered proof of a cause of action against the appellee, State No-Fault Insurance Agency, Inc. However, there was evidence presented that the appellant secured a contract of insurance with South Carolina Insurance Company through the agency of State No-Fault; that the contract was cancelled for non-payment of a premium payment; and that State No-Fault, acting with apparent authority to do so, accepted subsequent payment from the appellant and assured her that the contract would be reinstated. Under these circumstances, we believe there was an issue of fact as to whether a valid contract of insurance existed between appellant and appellee, South Carolina Insurance Company. Russell v. Eckert, 195 So. 2d 617 (Fla.2d DCA 1967).
Accordingly, the judgment is affirmed as to State No-Fault Insurance Agency, Inc., and reversed for further proceedings in accord herewith as to South Carolina Insurance Company.
DOWNEY, ANSTEAD and DELL, JJ., concur.
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Parker v. S.C. Ins. Co., 460 So. 2d 593 (Fla. 4th DCA 1984)…PER CURIAM. This is the second time that this case has been before this court on appeal. The first time we reversed and remanded for further proceedings, 409 So. 2d 106 at which point the pleadings were amended. On remand, the trial court decided that the amended pleadings raised no genuine issues of material fact and granted summary judgment in favor of appellee. We affirm. See Rios v. Florida Farm Bureau Mutual I…
Authorities Cited
- Russell v. Eckert, 195 So. 2d 617 (Fla. 2d DCA 1967)