Robin Tucker, As Assignee of Palm Beach Nightclub Enterprises, Inc. v. John Galt Insurance Agency

The narrow issue in this case is whether, in an action brought by an employer against an insurance agent for the breach of a contract to provide workers’ compensation insurance coverage, the em*109ployer must seek all of its potential damages in one case. We hold that an employer may bring a separate action each time its liability to the employee is fixed by an order in the compensation proceeding. Therefore, we reverse the summary judgment entered in favor of the appellee.

In September, 1992, Palm Beach Nightclub Enterprises, Inc. (“the Nightclub”) retained insurance agent, John Galt Insurance…