
    CHESAPEAKE HOUSE, INC., Appellant, v. LEE MUTUAL INSURANCE AGENCY, INC., Appellee.
    No. 69-572.
    District Court of Appeal of Florida, Second District.
    Sept. 11, 1970.
    Rehearing Denied Oct. 15, 1970.
    A. N. Spence, Miami, for appellant.
    Robert T. Shafer, Jr., and James A. Franklin, Jr., of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellee.
   MANN, Judge.

An insurance broker is not, as a matter of law, the insured’s agent for receipt of premium refund upon cancellation. Hermann v. Niagara Fire Ins. Co., 1885, 100 N.Y. 411, 3 N.E. 341. Whether the broker is agent as a matter of fact is not determined by the record on which summary judgment was entered. Agency, pleaded here, is yet to be determined. Miller v. Chase & Co., 1924, 88 Fla. 500, 102 So. 553. See 44 C.J.S. Insurance § 168; 44 Am.Jur.2d Insurance § 151 et seq.

Reversed and remanded.

HOBSON, C. J., and LILES, J., concur.  