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
Attorney's fees
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…
Florida Supreme Court Clarifies When Motion For Attorney’s Fees and Costs Must Be Filed
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
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Third District Awards Attorney’s Fees for Appraisal Win
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…
Court Says No Need to File Timesheets with Fee Motion
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…
Insurer Failed to Prove Cancellation–57.105 Attorney’s Fees Granted to Insured
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.…
First DCA Recognizes Waiver of the Waiver of Attorneys Fees….
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…
5th District Holds Payment of Appraisal Award is Confession of Judgment
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…
Declaratory Judgment Is a “Final Judgment” for Attorney’s Fees Purposes
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…
Federal Court Holds No Attorney’s Fees for Merely Establishing Coverage
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…