Allstate Ins. Co. v. Nabinger, TT-377
| Decision Date | 05 March 1981 |
| Docket Number | No. TT-377,TT-377 |
| Citation | 394 So.2d 1079 |
| Parties | ALLSTATE INSURANCE CO., Appellant, v. Deborah Jane NABINGER, Mainsail Motel, Ronald B. and Jane Moussette, and I. R. Naran, Appellees. |
| Court | Florida District Court of Appeals |
Paul Smalbein of Smalbein, Eubank, Johnson, Rosier & Bussey, P. A., Daytona Beach, Joan H. Bickerstaff, Co-Counsel, Cocoa Beach, for appellant.
Sylvan A. Wells, of Wells & Wells, P. A., Daytona Beach, for appellee/claimant Deborah Jane Nabinger.
Frank Marriott, Jr., of Gosney, Cameron, Parsons & Marriott, P. A., Daytona Beach, for Mainsail Motel, I. R. Naran, Ronald B. and Jane Moussette, appellees.
This is an appeal from a workers' compensation order directing appellant Allstate to pay temporary total disability, future medical and compensation benefits under its policy for employer Moussette. We reverse and remand because Moussette was not claimant's employer at the time of the accident, and the order contains no findings or conclusions sufficient to apply estoppel or any other basis for liability.
The claim arose from the following chronology of events and specified only "Mainsail Motel" as employer:
1/1979 Claimant Deborah Jane Nabinger was hired as maid at Mainsail Motel, owned by Moussette.
1/17/79 Moussette sold Mainsail Motel to I. R. Naran. Moussette and Naran met with Allstate's agent re transfer of insurance policies to Naran.
Moussette orally cancelled his workers' compensation insurance, effective at closing on 1/17/79.
2/2/79 Claimant Nabinger slipped and fell on a stairway.
2/23/79 Claimant filed for workers' compensation naming Mainsail Motel as her employer.
3/29/79 Allstate advised Moussette that their workers' compensation policy was nontransferrable and Allstate would not honor any claims after date of sale.
Subsequently a workers' compensation policy was issued by Allstate to Naran, but it was cancelled when the carrier discovered that Naran had failed to divulge the Nabinger claim on his application.
The deputy commissioner found that because Allstate failed to cancel the Moussettes' workers' compensation insurance in accordance with § 440.42(2), Florida Statutes, the policy was in effect and provided coverage to Naran's employee, Nabinger. Nanan filed a separate civil action for declaratory relief, breach of contract, and negligence against Allstate, still pending when the compensation order was entered.
Appellant Allstate presents the following issue:
WHETHER THE DEPUTY COMMISSIONER ERRED IN FINDING APPELLANT LIABLE FOR THE INDUSTRIAL INJURY OF APPELLEE NABINGER, WHEN THE CLAIMANT WAS NO LONGER AN EMPLOYEE OF ALLSTATE'S INSUREDS ON THE DATE OF HER ACCIDENT.
The order finds that on the date of accident the claimant was "in the employ of the employer herein, specifically, the Mainsail Motel which was, at the time, owned by Mr. Ishwar Naran." (e. s.) On the issue of coverage the order recites:
Mr. Moussette stated that he was present during a conversation between himself, Mr. Manning, his insurance agent and an agent of ALLSTATE, and Mr. Naran immediately following the sale of the motel at which time he recalled Mr. Naran advising Mr. Manning that he wanted the existing insurance coverage with ALLSTATE continued during his ownership of the motel, but that a question was...
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