HAMILTON BANK, N.A., ETC., APPELLANT,

v.

ALBERTO DIAZ MASVIDAL, APPELLEE

Citator

Cited By

• Allstate Ins. Co. v. Farren Ivey, 728 So. 2d 282 (Fla. 3d DCA 1999)
  …claim due to an error in the doctor’s bill, its failure to pay said claim does not rise to that level of “wrongful” which would entitle Ms. Ivey to an award of attorney’s fees. Fla. Stat. §§ 627.736(8), 627.428; see also Obando v. Fortune Ins. Co., 563 So. 2d 116 (Fla. 3d DCA 1990). Accordingly, we reverse. The Petition for Certiorari is granted, the decision of the Appellate Division of the Circuit Court is quashed, and the case is remanded to the Circuit Court for Dade County, Appellate Division with dire…
• State Farm Mut. Auto. Ins. Co. v. Avraham GIL, 573 So. 2d 90 (Fla. 3d DCA 1991)
  …s because the jury awarded payment for medical treatment, which was billed to State Farm after Stone had withdrawn from representing Gil. State Farm has no authority for this contention. State Farm’s reliance on Obando v. Fortune Insurance Company, 563 So. 2d 116 (Fla. 3d DCA 1990), is misplaced. In Obando, 563 So. 2d at 117, there were no unpaid medical bills pending, and the insurer had merely requested “follow-up information and any additional medical bills.” Here, State Farm denied further payment of Gil…
• Fortune Ins. Co. v. Iriban, 593 So. 2d 598 (Fla. 3d DCA 1992)
  …We reverse the final judgment awarding attorney’s fees to plaintiffs first attorney because (1) plaintiff’s insurance benefits were not wrongfully withheld, Ledesma v. Bankers Ins. Co., 573 So. 2d 1042 (Fla. 3d DCA 1991); Obando v. Fortune Ins. Co., 563 So. 2d 116 (Fla. 3d DCA 1990); § 627.736(4)(b), Fla.Stat. (1989), and (2) counsel stipulated that he would “retain a charging lien for services rendered and costs incurred on behalf of plaintiff. Said interest shall be satisfied from any court award made in th…

Authorities Cited

• Republic Nat'l Bank OF Miami v. Fid. & Deposit Co. OF Md., 894 F.2d 1255 (11th Cir. 1990)