SOUTH SEAS MARINE, INC., A FLORIDA CORPORATION, AND HERBERT BOPP, APPELLANTS,

v.

SALIM SAAB, APPELLEE

Citator

Cited By

• Clifton v. United Cas. Ins. Co. of Am., 31 So. 3d 826 (Fla. 2d DCA 2010)
  …r is aware that an insured disputes the settlement of a claim and the insurer fails to respond in any fashion to the insured’s demands for further action, that failure has the legal effect of denying coverage. See Sanchez v. Am. Ambassador Cas. Co., 559 So. 2d 344, 346 (Fla. 2d DCA 1990) (holding that when an insurer was aware of its insured’s demand for either payment or arbitration and it chose not to respond to the demand until after suit was filed, the insurer’s actions amounted to a denial of coverage).…
• Bassette v. Standard Fire Ins. Co., 803 So. 2d 744 (Fla. 2d DCA 2001)
  …., 734 So. 2d 403 (Fla.1999). This applies when an insured prevails in a declaratory judgment action regarding coverage. Aetna Cas. & Sur. Co. v. Mills, 192 So. 2d 59 (Fla. 3d DCA 1966). As we observed in Sanchez v. American Ambassador Casualty Co., 559 So. 2d 344 (Fla. 2d DCA 1990), the purpose of section 627.428 is to penalize an insurance company for wrongfully causing its insured to resort to litigation in order to resolve a conflict with its insurer when it was within the company’s power to resolve it.…
• Fla. Life Ins. Co. v. Fickes, 613 So. 2d 501 (Fla. 5th DCA 1993)
  …fee under section 627.428 (or its precursors), where no lawsuit by the beneficiary or insured was filed before payment of the proceeds. In Wollard v. Lloyd and Companies of Lloyd’s, 489 So. 2d 217 (Fla.1983), Sanchez v. American Ambassador Cas. Co., 559 So. 2d 344 (Fla. 2d DCA 1990) and Avila v. Latin American Property and Cas. Ins. Co., 548 So. 2d 894 (Fla. 3d DCA 1989), relied upon by appellee in this case, the insured or beneficiary had filed a lawsuit to enforce arbitration or other rights provided for in…