PANTHER AIR BOAT CORPORATION, PETITIONER,
v.
MACMILLAN-BUCHANAN & KELLY INSURANCE AGENCY, INC., ET AL., RESPONDENT
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An insurance agent is not a professional for purposes of the professional malpractice statute.
The Fifth District Court of Appeal certified a question regarding whether an insurance agent is a professional under the professional malpractice stat…
The full statement of facts, procedural history, and disposition for this case are member content.
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KOGAN, Justice.
We have for review the decision of the Fifth District Court of Appeal in Panther Air Boat Corp. v. MacMillan-Buchanan & Kelly Insurance Agency, 520 So. 2d 601, 604 (Fla. 5th DCA 1987), in which that court certified to us the following question of great public importance:
For purposes of the professional malpractice statute, is an insurance agent a professional?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently addressed this issue in Pierce v. AALL Insurance Inc., 531 So. 2d 84 (Fla.1988), and answered the certified question in the negative. We held that a profession was defined as "a calling requiring, as a minimum for licensing under the laws of Florida, specialized knowledge and academic preparation amounting to at least a four-year university level degree in the field of study specifically related to that calling.” Pierce, at 88. We are bound by that holding, and accordingly we answer the certified question in this case in the negative and quash the decision of the district court.
It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT and GRIMES, JJ., concur. McDONALD, j., dissents.
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Cited By
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Garden v. Frier, 602 So. 2d 1273 (Fla. 1992)…l. § 95.1 l(4)(a), Fla. Stat. (emphasis added). . We also recede from the remainder of Pierce v. AALL Insurance, Inc., 531 So. 2d 84, 84-88 & 87 n. 2 (Fla.1988), and from Panther Air Boat Corp. v. MacMillan-Buchanan & Kelly Insurance Agency, Inc., 531 So. 2d 333 (Fla.1988), solely to the extent they conflict with our views here. . Of course, licensees still must comply with all pertinent licensing requirements. . Policy dictates that such persons be grandfathered in. We do not believe it fair or tenable t…
Authorities Cited
- Donald and Michele Fierce v. Aall Ins. Inc., 531 So. 2d 84 (Fla. 1988)
- Panther AIR Boat Corp. v. MacMILLAN-Buchanan & Kelly Ins. Agency, 520 So. 2d 601 (Fla. 5th DCA 1987)