Opinion
No. 69-572.
September 11, 1970. Rehearing Denied October 15, 1970.
Appeal from the Circuit Court, Lee County, Archie M. Odom, J.
A.N. Spence, Miami, for appellant.
Robert T. Shafer, Jr., and James A. Franklin, Jr., of Henderson, Franklin, Starnes Holt, Fort Myers, for appellee.
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.
HOBSON, C.J., and LILES, J., concur.