F & R BUILDERS, INC., AND FIRST STATE INSURANCE COMPANY, APPELLANTS,
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY, APPELLEE
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PER CURIAM.
An excess insurer stepped in to provide a defense to its insured in two negligence actions only because the primary insurer refused to do so. The cases were eventually settled for nominal amounts well within the policy limits. In a subsequent declaratory judgment action brought by the insured and the excess insurer, it was determined that the primary insurer should have provided the defense. In answering the single issue presented by this appeal, we hold that the excess insurer is entitled to reasonable attorney's fees and reimbursement for costs incurred in defending the negligence actions and in bringing the declaratory judgment action. See Canadian Universal Insurance Co. v. Employers Surplus Lines Insurance Co., 325 So. 2d 29 (Fla. 3d DCA), cert. denied, 336 So. 2d 1180 (Fla.1976).
Reversed and remanded for further consistent proceedings.
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Dunn v. Nat'l Sec. Fire & Cas. Co., 631 So. 2d 1103 (Fla. 5th DCA 1993)…t that allows an injured party to recover attorney’s fees for the underlying tort suit. Recovery is limited to those situations where the insurer breached its contract to defend its insured. See F & R Builders, Inc., v. U.S. Fidelity & Guaranty Co., 490 So. 2d 1022 (Fla. 3d DCA 1986), receded from on other grounds sub nom. Assoc. Electric and Gas Insurance Services, Ltd. v. Ranger Insurance Co., 560 So. 2d 242 (Fla. 3d DCA 1990). The injured party recovers attorney’s fees as the subrogee of the insured party.…
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AETNA Ins. Co. v. Borrell-Bigby Elec. Co., Inc., 541 So. 2d 139 (Fla. 2d DCA 1989)…en an excess carrier obtains a judgment against the primary carrier for failure to honor the terms of its insurance contract the excess carrier is entitled to an attorney fee award. F. & R. Builders, Inc. vs. United States Fidelity and Guaranty Co., 490 So. 2d 1022 (Fla. 3d DCA 1986). Aetna’s final argument is that the plaintiffs failed to show sufficient proof of damages because the record demonstrates that the bills were paid by a firm known as Sayre & Toso. Therefore, according to Aetna, neither Borrell-Bi…
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State Farm Fire & Cas. Co. v. Pritcher, 546 So. 2d 1060 (Fla. 3d DCA 1989)…e (specially concurring). I entirely agree with the court’s decision and underlying reasoning. I write separately only to note that the result is not dependent upon an endorsement of F & R Builders, Inc. v. United States Fidelity & Guaranty Co., 490 So. 2d 1022 (Fla. 3d DCA 1986), and to indicate my views that, even on its own facts, F & R was wrongly decided insofar as it approves the recovery of attorney’s fees expended in pursuing the action by the excess carrier against the primary insurer. Such a hold…1 / 2
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- Canadian Universal Ins. Co. v. Emp'rs Surplus Lines Ins. Co., 325 So. 2d 29 (Fla. 3d DCA 1976)