39 Fla. L. Weekly D487a
Insurance — Attorney’s fees — Trial court properly denied
attorney’s fees and costs where insurer did not wrongfully cause insureds to
resort to litigation
Appellee. 3rd District. Case No. 3D13-465. L.T. Case No. 12-4350. Opinion filed
March 5, 2014. An Appeal from the Circuit Court for Miami-Dade County, Jorge E.
Cueto, Judge. Counsel: Alvarez, Carbonell, Feltman & DaSilva, P.L., and Paul
B. Feltman, for appellants. Traub Lieberman Straus & Shrewsberry LLP, and
Scot E. Samis, for appellee.
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.’ ”).
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