Life Ins. Co. of North America v. Del Aguila
| Decision Date | 15 July 1982 |
| Docket Number | No. 59933,59933 |
| Citation | 417 So.2d 651 |
| Parties | LIFE INSURANCE COMPANY OF NORTH AMERICA, Petitioner, v. Margaret E. DEL AGUILA, et al., Respondents. |
| Court | Florida Supreme Court |
Marjorie D. Gadarian of Jones & Foster, West Palm Beach, for petitioner.
J. Daniel Ennis of Ennis & Northcutt, Indian Harbour Beach, and Robert T. Burger, Satellite Beach, for respondents.
This cause is before the Court on petition for review of the decision in Life Insurance Co. of North America v. del Aguila, 389 So.2d 303 (Fla. 5th DCA 1980). The decision to be reviewed conflicts with the recent case of Mercury Motors Express, Inc. v. Smith, 393 So.2d 545 (Fla.1981). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.
Margaret E. del Aguila brought this action against four defendants based on fraud. The defendants were Knoll Associates, Inc., an insurance agency; Robert B. Knoll, its principal officer; Walter W. Morris, Jr., an employee of the agency; and Life Insurance Company of North America.
Knoll Associates, Inc., and Robert B. Knoll were general agents for Life Insurance Company of North America, and were authorized to sell annuity contracts for the company. Walter W. Morris, Jr., as agent for Knoll Associates, approached Mrs. del Aguila to discuss investing the proceeds from a policy of insurance on the life of her then recently deceased husband. Morris suggested that she invest the funds through his agency in an annuity contract with Life Insurance Company of North America. She entrusted the entire fund of $50,000 to Knoll Associates.
Knoll and Morris placed $15,000 of Mrs. del Aguila's money in a mutual fund but retained the other $35,000. Then they told her that in order to purchase an annuity from Life Insurance Company of North America, she would have to allow the agency to remit the funds to the Company. So she allowed the agency to hold the $35,000 and to pay for the annuity contract in monthly installments of $500.00. Knoll Associates made two monthly payments and converted the remaining $34,000 to its own use.
In response to specific interrogatories the jury found that Knoll and Morris made fraudulent representations to Mrs. del Aguila and thereby caused her monetary damages; that Knoll and Morris were acting within their authority as agents of Knoll Associates, Inc.; and that both men and the agency were acting within their real or apparent authority as agents of Life Insurance Company of North America when they obtained the money from Mrs. del Aguila.
The jury found actual damages of $34,000 and assessed punitive damages in varying amounts against the four defendants. The verdict imposed $65,000 in punitive damages on Life Insurance Company of North America. Life Insurance Company of North America appealed the judgment against it both as to actual damages and punitive damages. The district court of appeal affirmed both portions of the judgment.
Petitioner argues that the trial court's instructions to the jury on the subject of agency were erroneous and that therefore the jury's finding of vicarious liability for the fraud of the other defendants should be reversed. We find this point to be without merit.
Taken as a whole, the instructions were sufficient. Therefore there was no reversible error. Grimm v. Prudence Mutual Casualty Co., 243 So.2d 140 (Fla.1971). Even if one of the instructions would have been confusing standing alone, the error if any was harmless since under the evidence a finding of liability was proper. Stearns & Culver Lumber Co. v. Cawthon, 62 Fla. 370, 56 So. 555 (1911). A principal is liable for the tortious conduct of his agent, even though not authorized, if the agent was acting within the scope of his employment or his apparent authority. T. G. Bush Grocery Co. v. Conely, 61 Fla. 131, 55 So. 867 (1911); Camp v. Hall, 39 Fla. 535, 22 So. 792 (1897); Restatement (Second) of Agency §§ 216, 219 (1957).
Second, petitioner argues...
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