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Hardware Mutual Insurance Co. v. Roth

District Court of Appeal of Florida, Third District
May 20, 1969
222 So. 2d 768 (Fla. Dist. Ct. App. 1969)

Opinion

No. 68-1000.

May 20, 1969.

Appeal from the Circuit Court for Dade County, Ralph O. Cullen, J.

Rose Marlow, Miami, for appellant.

Horton Schwartz, Sams, Anderson, Alper Spencer, Miami, for appellees.

Before PEARSON, BARKDULL and SWANN, JJ.


The appellant, a compensation carrier, seeks review of an order of equitable distribution entered by the trial court pursuant to § 440.39(3) (a), Fla. Stat., F.S.A. The original third party tort action was settled. The amount of the compromise settlement was $200,000.00 to the injured minor employee and $50,000.00 to the father of the minor, who had the responsibility for medical expenses.

The appellant urges that the trial court erred in permitting it to recover only $2,000.00 when it had medical expenses in excess of $34,000.00, urging that this court should adopt as a guideline the philosophy that a compensation carrier can recover the full amount of its medical expense against any liability settlement that covers this item, if necessary up to 100% of the settlement less a proportionate amount for costs and attorney's fees. We reject this argument, in light of the statute vesting the discretion for equitable division in a trial court.

If guidelines are to be set to aid a trial court in this distribution, they should be affixed by the Legislature. This is particularly so in light of the fact that ordinarily a compensation carrier cannot receive any reimbursement from a claimant. This only happens when a third party action is commenced.

Therefore, for the reasons above stated, the order here under review be and the same is hereby affirmed upon the authority of Arex Indemnity Company v. Radin, Fla. 1954, 72 So.2d 393; United States Fidelity Guaranty Company v. Harb, Fla. App. 1964, 170 So.2d 54; Security Mutual Casualty Company v. Grice, Fla.App. 1965, 172 So.2d 834; Luby Chevrolet, Inc. v. Foster, Fla.App. 1965, 177 So.2d 510.

Affirmed.


Summaries of

Hardware Mutual Insurance Co. v. Roth

District Court of Appeal of Florida, Third District
May 20, 1969
222 So. 2d 768 (Fla. Dist. Ct. App. 1969)
Case details for

Hardware Mutual Insurance Co. v. Roth

Case Details

Full title:HARDWARE MUTUAL INSURANCE COMPANY, APPELLANT, v. HOWARD ROTH, INDIVIDUALLY…

Court:District Court of Appeal of Florida, Third District

Date published: May 20, 1969

Citations

222 So. 2d 768 (Fla. Dist. Ct. App. 1969)

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