Continental Insurance v. Industrial Fire & Casualty Insurance

The final judgment entered by the trial court dismissing Continental’s complaint is affirmed. We conclude that the complaint was properly dismissed for failure to state a cause of action upon a holding that: (1) there is no common law cause of action for failure to recognize and protect subrogation rights of a workmen’s compensation carrier; subrogation on the part of an employer’s carrier in a workmen’s compensation case is solely a creature of statute, Maryland Casualty Co. v. Smith, 272 So.2d 517 (Fla.1973); Brinson v. Southeastern Utilities Service Co., 72 So.2d 37 (Fla.1954); Fidelity &…