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ST. FARM FIRE & CAS. CO. v. ARGONAUT INS. COMPANIES

No. QQ-28.

379 So.2d 970 (1979)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. ARGONAUT INSURANCE COMPANIES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 23, 1980.

Attorney(s) appearing for the Case

Thorwald J. Husfeld of Landis, Graham, French, Husfeld, Sherman & Ford, P.A., DeLand, for appellant.

Noah C. McKinnon, Jr., of Coble, McKinnon, Rothert, Bohner, Barkin & Godbee, P.A., Daytona Beach, for appellee.

PER CURIAM.

State Farm Fire & Casualty Company appeals the deputy commissioner's denial of its claim for reimbursement or indemnification.

The deputy commissioner founded her denial of the claim upon the legal presumption that where two separate carriers have issued insurance policies to the same employer, it shall be presumed that only that policy with the later effective date shall be in force. Section 440.42(2), Fla. Stat. The record in this instance...

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