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Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a civil trial lawyer who limits his practice to wrongful death, personal injury, and insurance cases. He is a member of the Million Dollar Advocates Forum whose members must have settled one or...MORE

Category Archives: Attorney’s fees

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Attorneys Fees Against FIGA

Posted in Attorney's fees
I learned many years ago the problem with getting your attorneys fees from FIGA.  I won a case against an insurer and was awarded a sizeable attorneys fee after a fee hearing.  The day after the fee order was entered the insurance company went under.  They were ultimately taken over by the Florida Insurance Guaranty Association … Continue Reading

Client Awarded Fees Against Public Adjuster

Posted in Attorney's fees
In Point East Four Condominium Corporation, Inc., ____ So.3d ____ (Fla. 4th DCA 2010), a public adjuster sued his client for payment of its 10% contingency fee.  The client defended by showing that there had been no recovery and therefore no fee was due.  The trial court dismissed the case. The contract between the PA and the … Continue Reading

3rd DCA Approves Motion for Attorneys Fees Filed 11 Months After Receiving Summary Judgment

Posted in Attorney's fees
Florida Rule of Civil Procedure 1.525 requires that any party seeking to tax attorney’s fees and costs “shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.” In Ramle International Corporation v. The Greens Condominium Association, ____ … Continue Reading

2nd DCA Discusses When Attorneys Fees are Due After Insurer Demands Appraisal

Posted in Attorney's fees
In Clifton v. United Casualty Insurance Company of America, ____ So.3d ____ (Fla. 2nd DCA February 12, 2010), Clifton sustained damage to his home due to Hurricane Charlie. Clifton notified United, his homeowners insurer, of the loss and United inspected the home. United made a payment for what it considered the compensable damage. Clifton states … Continue Reading

Attorney’s Fee Award Reversed for Failing to Make Written Finding as to Reasonable Number of Hours

Posted in Attorney's fees
In Palm Beach Polo, Inc. v. TJ Palm Beach Associate, L.P., ____ So.3d ____ (Fla. 4th DCA November 25, 2009), the trial court granted TJ Palm’s motion for attorneys fees and awarded fees.  Palm Beach Polo appealed, arguing that the trial court failed to make express written findings in its order as to the time reasonably expended … Continue Reading

Important Decision on Fee Multiplier Issued by 1st DCA

Posted in Attorney's fees, PIP
Today, in Massie v. Progressive Express Insurance Company, ____ So.3d ____ (Fla. 1st DCA November 17, 2009), the Circuit Court sitting in its appellate capacity reversed the trial judge’s order awarding a multiplier.  The Circuit Court reversed because the insured did not testify that she had difficulty securing counsel to represent her in the cause without … Continue Reading

Interest on Court Ordered Attorney’s Fees

Posted in Attorney's fees
In Hingson v. MMI of Florida, Inc., ____ So.2d ____ (Fla. 2nd DCA March 18, 2009), the trial court required the losing party to pay the prevailing parties attorney’s fees.  However, the trial court refused to award prejudgment interest on the attorney’s fees from the date which the prevailing party became entitled to the the attorney’s … Continue Reading

4th DCA Affirms Attorneys Fees in Case to Set Location of UM Arbitration

Posted in Attorney's fees
In Pawtucket Mutual Insurance Company v. Manganelli, 34 FLW D386 (Fla. 4th DCA February 18, 2009), Pawtucket provided uninsured motorists coverage to the Manganelli’s who had been injured in a car accident.  Under the UM policy, the Manganelli’s requested to arbitrate their UM claim with Pawtucket.  The policy provided that such arbitration take place where the … Continue Reading

3rd DCA Affirms Attorneys Fees After Appraisal

Posted in Appraisal, Attorney's fees
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 … Continue Reading

Florida Supreme Court Clarifies When Motion For Attorney’s Fees and Costs Must Be Filed

Posted in Attorney's fees
Florida Rule of Civil Procedure 1.525 requires that any party seeking to tax attorney’s fees and costs “shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.” Not surprisingly, the application of this fairly straightforward rule has … Continue Reading

Third District Awards Attorney’s Fees for Appraisal Win

Posted in Appraisal, Attorney's fees
The courts continue to award attorneys fees as the result of appraisal, even upon timely payment of the appraisal award by the insurer.  On November 19, 2008, the Third District Court of Appeal issued its opinion in Holder v. State Farm Insurance Company.    After the insured suffered hurricane damage, the State Farm adjuster offered (and non-binding mediation … Continue Reading

Insurer Failed to Prove Cancellation–57.105 Attorney’s Fees Granted to Insured

Posted in Attorney's fees, Declaratory Judgment Actions
The appellate court reversed summary judgment for an insurer when the insurer couldn’t prove it met statutory conditions for notifying the insured about cancellation of his policy.  The court determined that, because the insurer knew its evidence did not support summary judgment in its favor, attorneys fees under Section 57.105, Fla. Stat. for the insured were an appropriate sanction.In … Continue Reading

5th District Holds Payment of Appraisal Award is Confession of Judgment

Posted in Appraisal, Attorney's fees
When insureds are forced to sue their insurance company in order to receive benefits (not attorneys fees and costs), any payment of insurance policy proceeds by the insurance company should act as a confession of judgment, entitling the insured to properly pled attorney’s fees.In Jerkins v. USF & G Specialty Ins. Co., 2008 WL 678667, 33 … Continue Reading

Declaratory Judgment Is a “Final Judgment” for Attorney’s Fees Purposes

Posted in Attorney's fees, Declaratory Judgment Actions
A sobering reminder about timely moving for attorneys fees in declaratory judgment actions was issued by the Fourth District Court of Appeal. In Cardillo v. Qualsure Insurance Corp., out of the 4th DCA on February 20, 2007, the court determined a fairly innocuous "Order" which established insurance coverage–but left issues of liaiblity and damages set … Continue Reading

Federal Court Holds No Attorney’s Fees for Merely Establishing Coverage

Posted in Attorney's fees, Insurance Coverage - General
    It seems axiomatic that when an insured has to institute litigation against its insurance company to determine whether or not insurance coverage exists, and insurance coverage is found to exists, the insured should be entitled to attorney’s fees pursuant to Section 627.428, Fla. Stat.  However, as seen by a recent Federal Court decision, such is not always the … Continue Reading

Insured Denied Fees After Insurer Voluntarily Dismisses Petition for Appointment of Umpire

Posted in Attorney's fees
This is an interesting case where the insured sought attorneys fees and costs after the Florida insurance company filed a notice of voluntary dismissal of petition to appoint a umpire. In Peraza v. Citizens Property Insurance, the appellate court reviewed the trial court’s denial of a motion to tax costs and attorneys fees.The insured filed … Continue Reading