Allstate Insurance Co. v. Bollard

District Court of Appeal of Florida

Allstate Insurance Co. v. Bollard

527 So. 2d 289, 13 Fla. L. Weekly 1459, 1988 Fla. App. LEXIS 2580, 1988 WL 62001

CourtDistrict Court of Appeal of Florida

DecidedJune 21, 1988

DocketNo. 87-2010

StatusPublished

Cited by3 cases

This text of 527 So. 2d 289 (Allstate Insurance Co. v. Bollard) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allstate Insurance Co. v. Bollard, 527 So. 2d 289, 13 Fla. L. Weekly 1459, 1988 Fla. App. LEXIS 2580, 1988 WL 62001 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

This appeal is brought by an insurance carrier from a final judgment entered on an Application for Rule Nisi to enforce a workers’ compensation order.

A carrier may not defend against a rule nisi application by showing that it is justified in unilaterally suspending compensation. A justification defense which goes to the merits of the case is beyond the jurisdiction of the circuit court to consider. The sole inquiry on a rule nisi application is whether the compensation order is in full force and effect. “The claimant is entitled to have such order enforced until the order has been modified by the Deputy Commissioner pursuant... to an application by the [290]*290carrier.” Troy Desk Mfg. Co. v. Troy, 448 So.2d 46, 47 (Fla. 3d DCA 1984).

Affirmed.

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PER CURIAM.

This appeal is brought by an insurance carrier from a final judgment entered on an Application for Rule Nisi to enforce a workers’ compensation order.

A carrier may not defend against a rule nisi application by showing that it is justified in unilaterally suspending compensation. A justification defense which goes to the merits of the case is beyond the jurisdiction of the circuit court to consider. The sole inquiry on a rule nisi application is whether the compensation order is in full force and effect. “The claimant is entitled to have such order enforced until the order has been modified by the Deputy Commissioner pursuant... to an application by the [290]*290carrier.” Troy Desk Mfg. Co. v. Troy, 448 So.2d 46, 47 (Fla. 3d DCA 1984).

Affirmed.

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Bluebook (online)

527 So. 2d 289, 13 Fla. L. Weekly 1459, 1988 Fla. App. LEXIS 2580, 1988 WL 62001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-co-v-bollard-fladistctapp-1988.

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