RALPH W. TAYLOR AND KEITH I. TAYLOR, ET AL., APPELLANTS,
v.
NEW HAMPSHIRE INSURANCE COMPANY OF MANCHESTER, APPELLEE
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The court held that the trial court erred in denying appellants' request for prejudgment interest on the jury verdict.
Appellants sought damages under a fire insurance policy. The trial court denied their request for prejudgment interest.…
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SCHOONOVER, Judge.
Appellants seek review of a final judgment entered pursuant to a jury verdict in a breach of contract action to recover damages under a fire insurance policy issued by appellee, New Hampshire Insurance Company of Manchester. We find the trial court erred in denying appellants’ request for prejudgment interest on the jury verdict, but affirm in all other respects.
In denying appellants’ request for prejudgment interest, the trial court relied upon this court’s decision in Federal Deposit Insurance Corp. v. Carre, 436 So. 2d 227 (Fla. 2d DCA 1983). In Carre, we rejected the first district’s test for defining liquidated damages, which was enunciated in Bergen Brunswig Corp. v. State Department of Health & Rehabilitative Services, 415 So. 2d 765 (Fla. 1st DCA 1982). Since Carre, however, the supreme court has approved the first district’s position that, for the purpose of assessing prejudgment interest, a claim becomes liquidated and susceptible of prejudgment interest when a verdict has the effect of fixing damages as of a prior date. Argonaut Insurance Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985); see also, Trend Coin Co. v. Honeywell, Inc., 487 So. 2d 1029 (Fla.1986).
We, accordingly, reverse and remand with instructions to enter an amended final judgment awarding appellants prejudgment interest from the date that the proceeds would have been due under the policy, i.e., sixty days from the filing of the proof of loss. Miller v. First Service Corp., 471 So. 2d 1332 (Fla. 3d DCA 1985).
Affirmed in part, reversed in part, and remanded.
GRIMES, A.C.J., and SCHEB, J., concur.
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Millard v. Brannan, 553 So. 2d 1248 (Fla. 2d DCA 1989)…e loss when a claim becomes liquidated by a judgment fixing damages. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985); Smith v. Austin Development Co., 538 So. 2d 128 (Fla.2d DCA 1989); Taylor v. New Hampshire Ins. Co. of Manchester, 489 So. 2d 207 (Fla. 2d [*1251] DCA 1986). Following that rationale, the Millards’ date of loss of the equipment occurred when Brannan locked them out on March 8, 1984. Hence, they are entitled to prejudgment interest from that date. We now turn to the Millards’…
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The Travelers Indem. Co. v. Duffy's Little Tavern, Inc., 541 So. 2d 689 (Fla. 5th DCA 1989)…ing Company, 474 So. 2d 212 (Fla.1985). Thus Duffy’s should have been awarded prejudgment interest 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 wi…
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The Pub. Health Tr. OF Dade Cnty. v. State, 629 So. 2d 189 (Fla. 3d DCA 1993)…ement Servs., 605 So. 2d 1007 (Fla. 3d DCA 1992). The state’s asserted defense of sovereign immunity does not bar recovery of prejudgment interest in a successful action in contract, including one of insurance. See Taylor v. New Hampshire Ins. Co., 489 So. 2d 207 (Fla. 2d DCA 1986); Miller v. First Serv. Corp., 471 So. 2d 1332 (Fla. 3d DCA 1985). As this court has said in the legally indistinguishable situation of a carrier’s suit against a governmental subdivision for unpaid premiums, it is undisputed that…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Bergen Brunswig Corp. & Health Application Sys., Inc. v. State of Fla. Dep't OF Health & Rehabilitative Servs., 415 So. 2d 765 (Fla. 1st DCA 1982)
- Trend Coin Co. v. Honeywell, Inc., 487 So. 2d 1029 (Fla. 1986)
- Miller v. First Serv. Corp. OF the Fla. Keys, 471 So. 2d 1332 (Fla. 3d DCA 1985)
- Fed. Deposit Ins. Corp. v. CARRÉ, 436 So. 2d 227 (Fla. 2d DCA 1983)
- Charles v. Lawrance P. Laura, 436 So. 2d 227 (Fla. 4th DCA 1983)