BISCAYNE SUPERMARKET, INC. AND K.R.D., INC., APPELLANTS,
v.
THE TRAVELERS INSURANCE COMPANY, APPELLEE
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PER CURIAM.
The jury verdict in this action on a fire insurance policy was substantially less than the lowest amount of damages supported by the evidence and therefore may not be permitted to stand. Griffis v. Hill, 230 So. 2d 143 (Fla.1969); Borges v. Jacobs, 483 So. 2d 773 (Fla. 3d DCA 1986) and cases cited. Because, however, the verdict may well have involved a compromise on the hotly disputed arson defense, we conclude that the cause must be retried on the issues of both liability and damages. Borges.
We agree with the plaintiffs that, in the event they are successful at the new trial, they are entitled to prejudgment interest from the date that the proceeds would have been due under the policy. National Union Fire Insurance Co. v. Gelfand, 477 So. 2d 28 (Fla. 3d DCA 1985); Miller v. First Service Corp., 471 So. 2d 1332 (Fla. 3d DCA 1985); see also Argonaut Insurance Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985).
Reversed and remanded.
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Md. Cas. Co. v. Fla. Produce Distribs., Inc., 498 So. 2d 1383 (Fla. 5th DCA 1986)…m was due the plaintiff under the contract. See Argonaut Insurance Company v. May Plumbing Co., 474 So. 2d 212 (Fla.1985); Wong v. New Prospect Enterprises, Inc., 488 So. 2d 647 (Fla. 5th DCA 1986); Biscayne Super Market, Inc. v. Travelers Ins. Co., 485 So. 2d 861 (Fla. 3d DCA 1986). In Foresight Enterprises, Inc. v. Leisure Time Properties, Inc., 466 So. 2d 283 (Fla. 5th DCA 1985), rev. denied. 476 So. 2d 673 (Fla.1985), this court held that the appellees were entitled to an award for loss of use damages to…
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The Travelers Indem. Co. v. Duffy's Little Tavern, Inc., 541 So. 2d 689 (Fla. 5th DCA 1989)…rest only from the date the proceeds would have been due under the terms of its insurance policy.1 Taylor v. New Hampshire Insurance Company of Manchester, 489 So. 2d 207 (Fla. 2d DCA 1986); Biscayne Supermarket, Inc. v. Travelers Insurance Company, 485 So. 2d 861 (Fla. 4th DCA 1986). Accordingly the award of prejudgment interest is reversed and the cause remanded for recalculation of this award. Second, we agree with Duffy’s that the award of attorney’s fees must be reversed. In computing an award of attorn…
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Owners Ins. Co. v. THE Hartford Fire Ins. Co., 884 So. 2d 382 (Fla. 2d DCA 2004)…held that where a claim for property damage is made by an insured on an insurance policy “prejudgment interest [is due] from the date that the proceeds would have been due under the policy.” See also Biscayne Supermarket, Inc. v. Travelers Ins. Co., 485 So. 2d 861 (Fla. 3d DCA 1986). The principle set forth in Taylor applies to the instant case. We therefore reverse the order awarding prejudgment interest with instructions that the trial court recalculate the prejudgment interest based on the date the proceed…
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- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Griffis v. Hill, 230 So. 2d 143 (Fla. 1969)
- Amparo Borges v. Jerome F. Jacobs, D.P.M. & Jerome F. Jacobs, D.P.M., P.A., 483 So. 2d 773 (Fla. 3d DCA 1986)
- Miller v. First Serv. Corp. OF the Fla. Keys, 471 So. 2d 1332 (Fla. 3d DCA 1985)
- Nat'l Union Fire Ins. Co. of Pittsburgh v. Lanny Gelfand and Sondra Gelfand, 477 So. 2d 28 (Fla. 3d DCA 1985)