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
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
I have written several times concerning Florida Rule of Civil Procedure 1.525, and the absolute necessity to file a Motion for Attorneys Fees: 1) within 30 days after the filing of the judgment, or 2) within 30 days after becoming entitled to fees if no judgment is filed. In Jackson v. Betty Holmes Anthony, ____ So.3d … Continue Reading
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
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
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
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
In Lewis v. Universal Property and Casualty Insurance Co., ____ So.3d ____ (Fla. 4th DCA June 3, 2009), the insureds sustained damage to the roof on their home as a result of Hurricane Wilma. The insureds believed that the insurer should pay to replace their entire roof. In a November 16, 2006 letter, the insurer advised … Continue Reading
In Grider-Garcia v. State Farm Mutual Automobile Insurance Company, ____ F.3d ____ (Fla. 5th DCA June 12, 2009), the insured sought a writ of certiorari to quash two orders rendered at the trial court level. The 5th DCA denied the requests for certiorari review, holding that the issues could be handled on a final appeal … Continue Reading
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
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
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 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
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
In the recent case of McDaniel v. Edmonds, 2008 WL 285272 (Fla. 2nd DCA July 25, 2008), the court held that the Florida Rules of Civil Procedure do not require a party to file timesheets, affidavits, or other evidence along with a timely motion for attorney’s fees.In McDaniel, the previaling parties sought to recover attorney’s … Continue Reading
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
In Rabbit Hill Homeowners Assoc., Inc. v. Cory, The First District Court of appeal recognized that in certain circumstances, a party’s failure to plead entitlement to attorney’s fees is not always fatal.The Court held there can be a waiver of the waiver of fees.The First DCA noted “the record contains competent substantial evidence to support … Continue Reading
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
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
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
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
