LLOYD'S AND COMPANIES OF LLOYD'S, A FOREIGN CORPORATION, D/B/A ROPNER INSURANCE SERVICES, LTD. AND LLOYD'S INSURANCE AND REINSURANCE BROKERS, AND RAY HAMPSON AND ASSOCIATES, INC., APPELLANTS,
v.
DONALD L. WOLLARD D/B/A SEA LARK MARINE CO., APPELLEE
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The appellate court affirmed the trial court's judgment, holding that a real estate commission agreement was not void under Florida Statute 475.41, even though one broker was out-of-state, because that broker did not perform services in Florida.
The appellate court affirmed the trial court's judgment, finding that the commission agreement was not void because the out-of-state broker did not perform brokerage services in Florida, and therefore Statute 475.41 did not apply.
Brokers sued the seller for unpaid real estate commissions. The seller counterclaimed for previously paid commissions, arguing the agreement was void …
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PER CURIAM.
A negotiated settlement between an insured and his insurer does not entitle the insured to attorney’s fees pursuant to Section 627.428, Florida Statutes (1979). American Home Assurance Co. v. Keller Industries, Inc., 347 So. 2d 767 (Fla. 3d DCA 1977), cert. denied, 360 So. 2d 1249 (Fla.1978), cert. dismissed, 367 So. 2d 1124 (Fla.1979).
Reversed.
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Wollard v. Lloyd's & Cos. OF Lloyd's, 439 So. 2d 217 (Fla. 1983)…EHRLICH, Justice. This cause is before this Court because of direct and express conflict between the holding of the Third District, Lloyd’s and Companies of Lloyd’s v. Wollard, 420 So. 2d 940 (Fla.3d DCA 1982), and decisions of all four other district courts of appeal. Gibson v. Walker, 380 So. 2d 531 (Fla. 5th DCA 1980); Smolder v. Ford Life Insurance Co., 361 So. 2d 222 (Fla. 1st DCA 1978), cert. denied, 373 So. 2d 458 (Fla.1979); Cinc…
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Basik Exports & Imports, Inc. v. Preferred Nat'l Ins. Co., 911 So. 2d 291 (Fla. 4th DCA 2005)…laim but stipulated that the matter of any award of attorney’s fees would be submitted to the trial court.” Id. at 218. ‘ The trial court awarded fees under section 627.428, which the third district reversed. See Lloyd’s & Co. of Lloyd’s v. Wollard, 420 So. 2d 940 (Fla. 3d DCA 1982). The Florida Supreme Court, however, disagreed with the third district and reversed. See Wollard, 439 So. 2d 217. It reasoned that an insurer cannot escape liability for attorney’s fees by settling a case with its insured prior to…
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Mercury Ins. Co. OF Fla. v. Cletus Cooper, 919 So. 2d 491 (Fla. 3d DCA 2005)…licable precedents. For these reasons, I would reverse the judgment of the trial court granting attorney fees to Cooper in this case. . The Wollard court treated a conflict between a decision of this court, see Lloyd's & Cos. of Lloyd’s v. Wollard, 420 So. 2d 940 (Fla. 3d DCA 1982) decision quashed by Wollard v. Lloyd's & Cos. of Lloyd’s, 439 So. 2d 217 (Fla. 1983) and contrary decisions from each of our sister courts. Gibson v. Walker, 380 So. 2d 531 (Fla. 5th DCA 1980); Smolder v. Ford Life Ins. Co., 361 S…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Am. Home Assurance Co. v. Keller Indus., Inc., 347 So. 2d 767 (Fla. 3d DCA 1977)