STATE OF FLORIDA, EX REL. KENNETH F. TWOROGER, AND KENNETH F. TWOROGER, INDIVIDUALLY, APPELLANT,

v.

GARY FRONRATH CHEVROLET, INC., AND GARY FRONRATH, APPELLEES

Citator

Cited By

• Gov't Emps. Ins. Co. v. Lazara E. Gonzalez, 512 So. 2d 269 (Fla. 3d DCA 1987)
  …n 627.428(1), Florida Statutes (1983),2 an insurer is liable for attorney’s fees when, but only when, it has wrongfully withheld the proceeds of the policy. See New York Life Ins. Co. v. Shuster, 373 So. 2d 916 (Fla.1979); Ray v. Travelers Ins. Co., 477 So. 2d 634 (Fla. 5th DCA 1985); Crotts v. Bankers and Shippers Ins. Co., 476 So. 2d 1357 (Fla. 2d DCA 1985), review denied, 486 So. 2d 595 (Fla. 1986). That condition is satisfied on these facts: (a) Even before the hospital had formally released its claim to…
• Clay v. The Prudential Ins. Co. OF Am., 617 So. 2d 433 (Fla. 4th DCA 1993)
  …which we perceive herein is the trial court’s limitation of the period for which the insurer should pay the beneficiary’s attorney’s fee, and we conclude the correct period to be June 19, 1986 until December 28, 1989. See Ray v. Travelers Ins. Co., 477 So. 2d 634 (Fla. 4th DCA 1985). Accordingly, we reverse and remand with direction to award such fee for the above period, using the same hourly rate and without the application of a contingency fee multiplier. Clay v. Prudential, 576 So. 2d 1360 (Fla. 4th DC…
• Progressive Am. Ins. Co. v. Rural/Metro Corp. OF Fla., 994 So. 2d 1202 (Fla. 5th DCA 2008)
  …ognized, “this statute, and its predecessors, has consistently been interpreted to authorize recovery of attorney’s fees from an insurer only when the insurer has wrongfully withheld payment of the proceeds of the policy.” Ray v. Travelers Ins. Co., 477 So. 2d 634, 636 (Fla. 5th DCA 1985). In this case, because insurance proceeds were not at issue and because RMA was not entitled to recover any wrongfully withheld payment, section 627.428 does not apply. Finally, RMA alleges that it is entitled to attorneys’…

Authorities Cited

• Orlovsky v. Solid Surf, Inc., 405 So. 2d 1363 (Fla. 4th DCA 1981)