WESTINGHOUSE ELECTRIC CORPORATION, APPELLANT,
v.
SHAFER & MILLER, INC. AND AMERICAN HOME ASSURANCE COMPANY, APPELLEES
[*249] PER CURIAM.
The trial court, having determined that Shafer & Miller, Inc. had tendered an offer of settlement to Westinghouse Electric Corporation in an amount greater than the verdict subsequently returned by a jury, correctly held that Westinghouse was not entitled to attorney’s fees as a prevailing party under section 627.428, Florida Statutes (1985). See Greenough v. Aetna Casualty & Sur. Co., 449 So. 2d 1001 (Fla. 4th DCA 1984); cf. C.U. Assocs., Inc. v. R.B. Grove, Inc., 472 So. 2d 1177 (Fla.1985) (construing section 713.29, Florida Statutes (1981)). As the remaining points presented do not merit discussion, the judgment under review is affirmed.
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Danis Indus. Corp. & Seaboard Sur. Co. v. Ground Improvement Techniques, Inc., 629 So. 2d 985 (Fla. 5th DCA 1993)…ablished that a prevailing insured is one who obtains a judgment in its favor and against an insurer in an amount which is greater than any offer of settlement previously tendered by the insurer. Westinghouse Electric Corp. v. Shafer & Miller, Inc., 515 So. 2d 248 (Fla. 3d DCA 1987), rev. denied, 525 So. 2d 881 (Fla.1988); Greenough v. Aetna Casualty & Surety Co., 449 So. 2d 1001 (Fla. 4th DCA 1984). Here, the record reflects no offer of settlement tendered by Seaboard to GIT. Accordingly, the trial court cor…
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Baker Protective Servs. v. FP Inc. & Fid. & Deposit Co. of Md., 659 So. 2d 1120 (Fla. 3d DCA 1995)…viously stated that in order to be a prevailing party insured under Florida Statutes § 627.428, the insured’s recovery must be greater than the highest valid offer of settlement made by the insurer. Westinghouse Elec. Corp. v. Shafer & Miller, Inc., 515 So. 2d 248 (Fla. 3d DCA 1987), review denied, 525 So. 2d 881 (Fla.1988); accord Danis Indus. Corp. v. Ground Improvement Techniques, Inc., 629 So. 2d 985 (Fla. 5th DCA 1993), aff'd, 645 So. 2d 420 (1994); Greenough v. Aetna Casualty & Sur. Co., 449 So. 2d 1001…
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Willey v. M.K. Roark, Inc., 616 So. 2d 1140 (Fla. 4th DCA 1993)…nsured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which recovery is had ... . We note that appellee’s reliance on Westinghouse Electric Corp. v. Shafer & Miller, Inc., 515 So. 2d 248 (Fla. 3d DCA 1987), is misplaced. That case relies on Greenough v. Aetna Cas. & Surety Co., 449 So. 2d 1001 (Fla. 4th DCA 1984), in which the insurer made an offer presuit which was higher than the court ultimately found to be due. That is not the c…
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- C.U. Assocs., Inc. v. R.B. Grove, Inc., 472 So. 2d 1177 (Fla. 1985)
- Greenough v. AETNA Cas. & Sur. Co., 449 So. 2d 1001 (Fla. 4th DCA 1984)