ANA VIVAS, ET AL., APPELLANTS,
v.
STATE FARM FLORIDA INSURANCE COMPANY, APPELLEE
ANA VIVAS, ET AL., APPELLANTS,
STATE FARM FLORIDA INSURANCE COMPANY, APPELLEE
138 So. 3d 479
Florida District Court of Appeal, Third District (2014)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Because we agree with the trial court that the insurer did not wrongfully cause the insureds to resort to litigation, we affirm the trial court’s denial of attorney’s fees and costs. See generally Beverly v. State Farm Fla. Ins. Co., 50 So.3d 628, 633 (Fla. 2d DCA 2010) (quoting Clifton v. United Cas. Ins. Co. of Am., 31 So.3d 826, 829 (Fla. 2d DCA 2010)) (“[A]n insurer’s post-suit payment of additional policy proceeds entitles the insured to section 627.428 attorney’s fees where the insurer ‘wrongfully caus[ed] its insured to resort to litigation in order to resolve a conflict with its insurer when it was within the company’s power to resolve it.’ ”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Omega Ins. Co. v. Johnson, 207 So. 3d 245 (Fla. 5th DCA 2014)…e Farm Mut. Auto. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996)). . Johnson also sought fees pursuant to section 627.7074(14), Florida Statutes, but apparently withdrew that request. . Other courts are in accord. See Vivas v. State Farm Fla. Ins. Co., 138 So. 3d 479, 479 (Fla. 3d DCA 2014) (“Because we agree with the trial court that the insurer did not wrongfully cause the insureds to resort to litigation, we affirm the trial court’s denial of attorney’s fees and costs.”); Sunshine State Ins. Co. v. Davide, 11…
Authorities Cited
- Clifton v. United Cas. Ins. Co. of Am., 31 So. 3d 826 (Fla. 2d DCA 2010)
- Beverly v. State Farm Fla. Ins. Co., 50 So. 3d 628 (Fla. 2d DCA 2010)