Legal Opinion

Access Insurance Planners, Inc. v. Gee

District Court of Appeal of Florida

Decided September 30, 2015No. Nos. 4D14-1883, 4D14-2706PublishedCited by 12 opinions

1Opinion of the CourtGross, J.

The main question here is the application of the statute of limitations to a contract where one party agreed to pay commissions each time it received a commission from an insurance company. We conclude that the contract was divisible, so that the statute of limitations for each commission began to run when a commission was received by the appellants, the defendants below.

We therefore reverse in part and remand for the circuit court to enter an amended final judgment awarding damages only for the premiums received by the defendants after January 11, 2007.

The Pleadings

On January 11, 2011,…

2Cases cited21 opinions

  1. Hearndon v. GrahamSupreme Court of Florida · 2000
  2. Davis v. MonahanSupreme Court of Florida · 2002
  3. State Farm Mut. Auto. Ins. Co. v. LeeSupreme Court of Florida · 1996
  4. Acoustic Innovations, Inc. v. SchaferDistrict Court of Appeal of Florida · 2008
  5. Haiman v. Federal Ins. Co.District Court of Appeal of Florida · 2001

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3Cited by12 opinions

  1. Estate of Yevgenyi Scherban v. Suntrust BankDistrict Court, District of Columbia · 2016
  2. BANK OF AMERICA, N.A. v. KENNETH H. GRAYBUSH and ROBIN B. GRAYBUSHDistrict Court of Appeal of Florida · 2018
  3. CAN FINANCIAL, LLC v. DARYL R. KRAZMIENDistrict Court of Appeal of Florida · 2018
  4. Wilchfort v. KnightDistrict Court, E.D. New York · 2018
  5. Lexon Insurance Company v. City of Cape Coral, FloridaDistrict Court of Appeal of Florida · 2017

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