RAUL AMADOR, APPELLANT,
v.
LATIN AMERICAN PROPERTY & CASUALTY INSURANCE COMPANY, APPELLEE
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PER CURIAM.
“When the insurance company has agreed to settle a disputed [automobile accident] case, it has, in effect, declined to defend its position in the pending suit. Thus, the payment of the claim is, indeed, the functional equivalent of a confession of judgment or a verdict in favor of the insured.” Wollard v. Lloyd’s & Companies of Lloyd’s, 439 So. 2d 217, 218 (Fla.1983); see also Fortune Ins. Co. v. Brito, 522 So. 2d 1028 (Fla. 3d DCA 1988). The trial court has no discretion to deny a reasonable attorney’s fee to the prevailing plaintiff where the insurance company first disputes the claim and then settles the case after a lawsuit is filed. § 627.428(1), Fla. Stat. (1987) (upon rendition of judgment against an insurer the trial court shall adjudge against the insurer and in favor of the insured or beneficiary a reasonable sum as attorney fees).
Reversed and remanded.
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Kook C. DO v. GEICO Gen. Ins. Co., 137 So. 3d 1039 (Fla. 3d DCA 2014)…the functional equivalent of a confession of judgment or a verdict in favor of the insured.” Id. (emphasis added); accord Augustin v. Health Options of S. Fla., Inc., 580 So. 2d 314, 315 (Fla. 3d DCA 1991); Amador v. Latin Am. Prop. & Cas. Ins. Co., 552 So. 2d 1132,1133 (Fla. 3d DCA 1989); Avila, 548 So. 2d at 894-95; Fortune Ins. Co. v. Brito, 522 So. 2d 1028,1029 (Fla. 3d DCA 1988). As a result, when an insurer voluntarily pays the disputed loss after suit is filed, “ ‘[section 627.428] must be construed to…
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Losicco v. The AETNA Cas. & Sur. Co., 588 So. 2d 681 (Fla. 3d DCA 1991)…, declined to defend its position in the pending suit. Thus, payment of the claim is, indeed, the functional equivalent of a confession of judgment or a verdict in favor of the insured. Amador v. Latin American Property & Casualty Insurance Company, 552 So. 2d 1132 (Fla. 3d DCA 1989); see also Wollard v. Lloyd’s & Companies of Lloyd’s, 439 So. 2d 217 (Fla. 1983). The trial court has no discretion to deny a reasonable attorney’s fee to the prevailing plaintiff where the insurance company first disputes the cl…
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Fla. Life Ins. Co. v. Fickes, 613 So. 2d 501 (Fla. 5th DCA 1993)…es the case prior to final judgment. See Insurance Co. of North America v. Acousti Engineering Co. of Florida, 579 So. 2d 77 (Fla.1991); Fewox v. McMerit Const. Co., 556 So. 2d 419 (Fla. 2d DCA 1989); Amador v. Latin American Property Cas. Ins. Co., 552 So. 2d 1132 (Fla. 3d DCA 1989); Fortune Ins. Co. v. Brito, 522 So. 2d 1028 (Fla. 3d DCA 1988). This result has been rationalized by concluding that the settlement was the functional equivalent of a confession of judgment. However, we have found no cases in Flo…
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- Wollard v. Lloyd's & Cos. OF Lloyd's, 439 So. 2d 217 (Fla. 1983)
- Ashley v. State, 522 So. 2d 1028 (Fla. 3d DCA 1988)