YOSEF DEITSCH
v.
CERTAIN UNDERWRITERS AT LLOYDS OF LONDON
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An insured is entitled to attorney's fees under section 626.9373 when the lawsuit serves as a necessary catalyst to compel the insurer to satisfy its contractual obligations, even if the insurer settles or pays before judgment.
[1] A lawsuit may serve as a necessary catalyst for resolving an insurance claim and compelling an insurer to proceed with the appraisal process, entitling the insured to att…
[2] An insurer's payment of policy proceeds after a lawsuit has been filed, but before a judgment, is considered the functional equivalent of a confession of judgment or a ve…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[W]here an insurer pays policy proceeds after suit has been filed but before judgment has been rendered, the payment of the claim constitutes the functional equivalent of a confession of judgment or verdict in favor of the insured, thereby entitling the insured to attorney's fees.”
Court citing Ivey v. Allstate Ins. Co. regarding when payment after suit constitutes entitlement to fees
Yosef and Miriam Deitsch filed a lawsuit against Lloyds regarding an insurance claim dispute and sought attorney's fees and costs under section 626.93…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed January 11, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-128 Lower Tribunal No. 20-16057
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Yosef Deitsch, et al.,
Appellants,
vs.
Certain Underwriters at Lloyds of London, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge. Litigation & Recovery Law Center, PL, and Alex Stern, for appellants. R+C Litigators, PLLC, Efrain Carlos and Elis M. Rojas, (Fort Lauderdale), for appellee. Before FERNANDEZ, C.J., and SCALES and GORDO, JJ. GORDO, J. Yosef Deitsch and Miriam Deitsch (“the Deitschs”) appeal a trial court order denying their motion for attorney’s fees and costs pursuant to section 626.93731, Florida Statutes, and dismissing the case against Certain Underwriters at Lloyds of London (“Lloyds”) with prejudice. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). Because we find the Deitschs’ lawsuit was a necessary catalyst to resolve their claim and force Lloyds to proceed with the appraisal process, we reverse and remand. See Lewis v. Universal Prop. & Cas. Ins. Co., 13 So. 3d 1079, 1082 (Fla. 4th DCA 2009) (stating that “the insureds were entitled to fees as the insureds did not ‘race to the courthouse,’ the suit was not filed simply for the purpose of the attorney’s fee award, but rather to resolve a legitimate dispute, and the filing of the suit acted as a necessary catalyst to resolve the dispute and force the insurer to satisfy its obligations under the insurance contract”) (internal citation omitted); Ivey v. Allstate Ins. Co., 774 So. 2d 679, 684–85 (Fla. 2000) (“[W]here an insurer pays policy proceeds after suit has been filed but before judgment has been rendered, the payment of the claim constitutes the
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Citator
Authorities Cited
- Farren Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla. 2000)
- The Cincinnati Ins. Co. v. Palmer, 297 So. 2d 96 (Fla. 4th DCA 1974)
- Lewis v. Universal Prop. & Cas. Ins. Co., 13 So. 3d 1079 (Fla. 4th DCA 2009)
- Hershel Bryant and Betty Bryant v. Geovera Specialty Ins. Co., 271 So. 3d 1013 (Fla. 4th DCA 2019)