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CROSS COUNTRY INS. AGCY., INC. v. LEATHERBY INS. CO.

No. 73-1216-Civ-CA.

393 F.Supp. 630 (1975)

CROSS COUNTRY INSURANCE AGENCY, INC., a Florida Corporation, Plaintiff, Counter-Defendant, v. LEATHERBY INSURANCE COMPANY, a New York Corporation, Defendant, Counter-Plaintiff and Third-Party Plaintiff, v. FINANCE INSURANCE PREMIUM, INC., a Florida Corporation, Third Party Counter-Defendant.

United States District Court, S. D. Florida.

On Motion for Rehearing January 31, 1975.

Attorney(s) appearing for the Case

Maynard J. Hellman, Miami, Fla., for plaintiff.

Shutts & Bowen, Miami, Fla., for defendant.

Samuel S. Forman, Miami Beach, Fla., for third party counter-defendant.

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. The threshold question is whether such statute governs the subject agreement. The issue of the applicability of this statute was extensively briefed for both parties and a stipulation as to certain facts was filed...

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