Florida Department of Insurance v. ADP Totalsource, Inc.
Docket: No. 2D99-3345
Court: District Court of Appeal of Florida; October 11, 2000; Florida; State Appellate Court
The Florida Department of Insurance, acting as Receiver for Armor Insurance Company, initiated a lawsuit against ADP Totalsource, Inc. and ADP Totalsource I, Inc. to recover unpaid workers' compensation insurance premiums. The trial court dismissed the case with prejudice after the appellees filed a motion to dismiss based on the statute of limitations. The appellant contended that the dismissal was erroneous because the pleadings did not definitively demonstrate that the five-year statute of limitations barred the contract action. Furthermore, the appellant argued that certain provisions in the insurance contracts tolled the statute of limitations until the breach was discovered. The court referenced the ruling in Federal Insurance Co. v. Southwest Florida Retirement Center, Inc., which established that the legislature did not include a discovery rule for written contract actions. Consequently, the appellant's status as receiver did not alter this conclusion. While the trial court expressed that the statute of limitations defense presented significant challenges to the appellant's case, the appellate court found that the trial court erred by dismissing the complaint with prejudice without allowing the appellant an opportunity to amend its complaint. The appellate court affirmed the trial court's decision in part but reversed the dismissal with prejudice, remanding the case to permit the appellant to file an amended complaint if desired.