TRAVELERS INDEMNITY COMPANY, APPELLANT,
v.
JAMES V. CAUSEY AND ANGELA P. CAUSEY, APPELLEES
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An insured cannot recover attorney fees and costs incurred in pursuing a third-party tortfeasor from their own uninsured motorist carrier when the recovery from the tortfeasor equals or exceeds the uninsured motorist coverage limit.
[1] An insured is not entitled to recover attorney fees and costs incurred in pursuing a third-party tortfeasor claim from their own uninsured motorist carrier when the recov…
[2] Recovery of attorney fees and costs from an uninsured motorist carrier for pursuing a third-party claim is not permitted when the tortfeasor's liability coverage was suff…
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Join FLexlaw to unlock all legal intelligenceAppellees recovered from a tortfeasor and their uninsured motorist carrier. They then sued their carrier for attorney fees and costs incurred in pursu…
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HENSLEY, ROBERT E., Associate Judge.
Appellee James V. Causey was injured in an automobile accident. He and his wife sued the tortfeasor who was insured for $20,000. They also filed a claim with their own insurance carrier, the appellant, under their uninsured motorist coverage of $45,-000. Appellees recovered from the tortfeasor, by settlement, $20,000. Upon arbitration with appellant, a $50,000 award was entered and appellant paid appellees $25,-000. Appellees then filed this suit, demanding from appellant reimbursement for attorney fees of $6,666.66 and costs of $354.93 incurred in pursuing their claim against the tortfeasor. The lower court, on the authority of Aetna Casualty and Surety Company v. Ilmonen, 360 So. 2d 1271 (Fla.3d DCA, 1978), awarded judgment for $3,595.93 against the appellant for such fees and costs. Appellant appeals therefrom and appellees cross-appeal the lower court’s failure to award the total fees and costs actually incurred in pursuing the third party claim, and its failure to award attorney fees in this cause.
Since the decision of the lower court, the District Court of Appeal of Florida, First District, in the case of Hall v. Liberty Mutual Ins. Co., 376 So. 2d 1183 (Fla. 1st DCA, 1979), has come to a decision contrary to the holding in Aetna Casualty and Surety Company v. Ilmonen, supra, in reference to the awarding of attorney fees and costs in pursuing third party claims.
We choose to follow the decision in Hall v. Liberty Mutual Ins. Co., supra. Had the tortfeasor had insurance coverage in the sum of $45,000, and, had appellees recovered $45,000 in suing the tortfeasor, they would not have recovered their attorney fees, in addition thereto, from the tortfeasor. They have no greater right under their uninsured motorist coverage.
This holding makes the questions raised on cross-appeal moot.
Accordingly, the judgment is reversed and the case remanded for entry of a judgment for the appellant.
HOBSON, Acting C. J., and OTT, J., concur.
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Cited By
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Jacques Lobry v. State Farm Mut. Auto. Ins. Co., 398 So. 2d 877 (Fla. 5th DCA 1981)…v. Hotte, 312 So. 2d 235 (Fla.1st DCA 1975); Hartford Accident & Indemnity Company v. Orlow, 300 So. 2d 36 (Fla.3d DCA 1974). . Central National Insurance Group v. Hotte, 312 So. 2d 235 (Fla.1st DCA 1975). . Travelers Indemnity Company v. Causey, 381 So. 2d 1200 (Fla.2d DCA 1980). . See § 627.7372(3), Fla.Stat. (1979). . See § 440.34, Fla.Stat. (1979). . Lobry did not contend in this appeal that the deputy commissioner improperly applied the “sliding scale” set of guidelines for computing fees found in §…
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James v. Causey, 401 So. 2d 1334 (Fla. 1981)…PER CURIAM. We have for review the decision of the District Court of Appeal, Second District (Travelers Indemnity Co. v. Causey, 381 So. 2d 1200 (Fla.2d DCA 1980)), which conflicts with Aetna Casualty and Surety Co. v. Ilmonen, 360 So. 2d 1271 (Fla.3d DCA 1978). We approve the decision in Travelers Indemnity Co. v. Causey and overrule the decision in Aetna Casualty and Surety Co. v. Ilmonen.…
Authorities Cited
- AETNA Cas. & Sur. Co. v. Ilmonen, 360 So. 2d 1271 (Fla. 3d DCA 1978)
- Lanny Hall v. Liberty Mut. INS. Co., 376 So. 2d 1183 (Fla. 1st DCA 1979)