CopyPublished | District Court, S.D. Florida | 1975 U.S. Dist. LEXIS 14401
ATKINS, District Judge. The plaintiff, Cross Country Insurance Agency, Inc. has now moved for a summary judgment declaring the Underwriting Manager’s Agreement, dated January 4, 1971, illegal because it is in violation of Section 626.581, Florida Statutes....
...urged a factual hearing. The Court, however, earlier indicated the possibility and now is convinced that a ruling can be made on the above limited issue without any further evidentiary development. The question of the applicability, vel non, of the § 626.581, Florida Statutes, to the subject agreement is an issue of law under the facts disclosed by the file as is hereafter delineated....
...If claims paid on policies written under the agreement exceeded *632 82i/> % of the premiums, Leatherby would bear the excess losses. Thus Cross Country may not sustain any out-of-pocket loss in the detemination of the retrospective compensation ’ or commission. SECTION 626.581, FLORIDA STATUTES This statute does not prohibit all contingent commission agreements....
...ms, and a fixed charge for Leatherby of 17i/2% of total premiums are deducted. Further, a claims adjusting firm hired by Cross Country determines losses paid. The Court is, nevertheless, bound by the legislative scheme. Requisite (3) of Fla. Statute 626.581 has not been satisfied....
...greement, dated January 4, 1971, does not violate § 626.-581, Florida Statutes. An order will be entered forthwith for a pretrial conference and trial on the remaining issues. AMENDED ORDER OF SUMMARY JUDGMENT ON THE ISSUE OF THE APPLICABILITY OF F.S. 626.581 TO UNDERWRITING MANAGER’S AGREEMENT DATED JANUARY 2, 1971
