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CONT. INS. CO. v. INDUS. FIRE & CAS. INS. CO.

No. 82-1114.

427 So.2d 792 (1983)

CONTINENTAL INSURANCE COMPANY and Underwriters Adjusting Company, Appellants, v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY and Joseph Brannen, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 24, 1983.

Attorney(s) appearing for the Case

Williams & Zientz and Mark L. Zientz, Coral Gables, for appellants.

Goodhart & Rosner, Daniels & Hicks and Patrice A. Talisman, Miami, for appellee Industrial Fire & Cas. Ins. Co.

Before HENDRY, BARKDULL and BASKIN, JJ.

PER CURIAM.

The final judgment entered by the trial court dismissing Continental's complaint is affirmed. We conclude that the complaint was properly dismissed for failure to state a cause of action upon a holding that: (1) there is no common law cause of action for failure to recognize and protect subrogation rights of a workmen's compensation carrier; subrogation on the part of an employer's carrier in a workmen's compensation case is solely a creature of statute...

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