3rd DCA Affirms Attorneys Fees After Appraisal
In Citizens Property Insurance Corporation v. Cuban-Hebrew Congregation of Miami, Inc., 34 FLW D333 (Fla. 3rd DCA February 11, 2009), the insured property was damaged by wind, and Citizens paid what it believed was the appropriate amount under its policy. Thereafter, the insured filed suit against Citizens for breach of the insurance contract for underpaying the claim. The trial court compelled appraisal pursuant to the appraisal clause.
The appraisal ultimately resulted in an additional payment from Citizens to its insured of $106,646.27. The trial court granted the insured attorneys fees under Florida Statute Section 627.428. Citizens appealed the grant of attorneys fees. The 3rd DCA affirmed the award of attorneys fees stating:
In this case Citizens had underpaid the insured by $106,646.27. The insured filed suit on the policy. This was followed by the appraisal and culminated in the judgment in favor of the insured for the additional sum. We affirm the award of attorney's fees on authority of Travelers Indemnity Insurance Co. of Illinois v. Meadows MRI, LLP, 900 So.2d 676, 679 (Fla. 4th DCA 2005).
For other cases in this blog on the award of attorney's fees after appraisal, click on the tag, "Attorney's Fees" below.
