SOUTHEASTERN STAFFING v. FL. DEPT. OF INS., 97-4460.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | BOOTH, J. |
| Citation | 728 So.2d 248 |
| Parties | SOUTHEASTERN STAFFING SERVICES, INC., Sunshine Staff Leasing, Inc.; Jet Enterprises, d/b/a Fat Boys' Barbeque of Sebring; ADF International, Inc.; Staffing Concepts, Inc.; American Eagle Masonry; Teamstaff, Inc.; And R & J Crane Service, Inc., Assessees and Appellants, v. FLORIDA DEPARTMENT OF INSURANCE, as Receiver of United States Employer Consumer Self Insurance Fund of Florida, and Florida Workers' Compensation Insurance Guaranty Association, Inc., Receivers and Appellees. |
| Docket Number | No. 97-4460.,97-4460. |
| Decision Date | 11 December 1998 |
728 So.2d 248
SOUTHEASTERN STAFFING SERVICES, INC., Sunshine Staff Leasing, Inc.; Jet Enterprises, d/b/a Fat Boys' Barbeque of Sebring; ADF International, Inc.; Staffing Concepts, Inc.; American Eagle Masonry; Teamstaff, Inc.; And R & J Crane Service, Inc., Assessees and Appellants,v.
FLORIDA DEPARTMENT OF INSURANCE, as Receiver of United States Employer Consumer Self Insurance Fund of Florida, and Florida Workers' Compensation Insurance Guaranty Association, Inc., Receivers and Appellees
No. 97-4460.
District Court of Appeal of Florida, First District.
December 11, 1998.
Rehearing Denied March 5, 1999.
F. Townsend Hawkes of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, Attorneys for Assessee and Appellant Southeastern Staffing Services, Inc.
R. Dean Cannon, Jr. of Gray, Harris & Robinson, P.A., Orlando, Attorney for Assessees and Appellants Sunshine Staff Leasing, Inc., Jet Enterprises d/b/a Fat Boys' Barbeque of Sebring, and ADF International, Inc.
Thomas J. Jones and Susan L. Turner of Holland & Knight, L.L.P., Tallahassee, Attorneys for Assessees and Appellants American Eagle Masonry, and Teamstaff, Inc.
Eric B. Tilton of Gustafson, Tilton, Henning & Metzger, P.A., Tallahassee, Attorneys for Assessees & Appellants Staffing Concepts, Inc., and R & J Crane Service, Inc.
Thomas J. Korge, Mark J. Heise, Michael A. Hanzman, and Christopher G. Korge of
Jacob A. Armpriester of Panza, Maurer, Maynard & Neel, P.A., Fort Lauderdale; and Kendall Coffey of Coffey, Diaz & O'Naghten, L.L.P., Miami, Attorneys for Receiver and Appellee Florida Workers' Compensation Insurance Guaranty Association, Inc.
BOOTH, J.
This appeal arises from an order of the trial court granting partial summary judgment in favor of Appellee Department of Insurance ("Department") acting as Receiver of an insolvent workers' compensation self-insurance fund (Fund). The order approved the Department, as Receiver, assessing Fund members for workers' compensation claims and awards, and administrative expenses of the receivership. Appellants challenge the right of the Receiver to assess members of the now insolvent Fund for claims paid by the Association.1
The United States Employer Consumer Self Insurance Fund of Florida ("Fund"), now in receivership, was created in 1991 pursuant to section 440.57, Florida Statutes,2 and rule 38F-5.068, Florida Administrative Code. That act allows an employer/private business entity to combine with other employer/entities for the purpose of satisfying workers' compensation coverage requirements for their respective businesses. In 1993 the legislature created the Self Insurance Fund Guaranty Association ("Association")3 to expeditiously pay injured workers' covered claims in the event a self-insurance fund were to become insolvent. § 631.905, Fla. Stat. (Supp.1994).
The particular Fund involved here became insolvent in 1995, and the Department placed it in receivership. Claims were paid by the Association, and the Receiver sought reimbursement from Fund members for claims paid by the Association on behalf of Fund members to injured employees.4 See § 631.92, Fla. Stat. (1995). Fund members resisted the assessment primarily on the basis of their interpretation of sections 631.94 and 641.98, Florida Statutes (1995).
Florida Administrative Code rule 4-190.068 requires that "[e]ach self-insurers fund member shall enter into an indemnity agreement jointly and severally binding the... fund and each member....". The Fund's 1991 indemnity agreement follows the Code in providing that Fund members are jointly and severally liable for assessments and claims. The Fund's agreement also provides that "contracts for coverage shall be governed by the rules of the Division [of Workers' Compensation of the Florida Department of Labor and Employment Security][5] pertaining to self-insurers."
In the case at bar, the Receiver seeks reimbursement for claims paid by the Association. These claims arose from the Fund's insolvency. The...
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