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LIBERTY SURPLUS INS. v. FIRST INDEM. INS.

No. 4D08-2671.

31 So.3d 852 (2010)

LIBERTY SURPLUS INSURANCE CORPORATION, INC., a foreign corporation, Appellant, v. FIRST INDEMNITY INSURANCE SERVICES, INC., a foreign corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 29, 2010.

Attorney(s) appearing for the Case

Maureen G. Pearcy, Ronald L. Kammer, and Tracy L. Kramer of Hinshaw & Culbertson LLP, for appellant.

Robert C. Weill of Mcintosh, Sawran, Peltz & Cartaya, P.A., Fort Lauderdale, and David Henry of Swartz Campbell, LLC, Orlando, for appellee.

WARNER, J.

The issue presented in this case is whether an insurance broker can be liable to an insurance company for negligent or intentional misrepresentations of fact having a material bearing on the risks assumed by the insurance company. The trial court dismissed the insurance company's cause of action against a broker based upon the general rule that the broker is the agent of the insured not the insurer. We reverse, concluding that an insurance broker can be...

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