FORTUNE INSURANCE COMPANY, APPELLANT,
v.
MARIA TERESA IRIBAN, APPELLEE
FORTUNE INSURANCE COMPANY, APPELLANT,
MARIA TERESA IRIBAN, APPELLEE
593 So. 2d 598
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
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 the event the plaintiff prevails in this action.”
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tristar Lodging, Inc. v. Arch Speciality Ins., 2006 WL 1528792 (M.D. Fla. 2006)…n award, attorney’s fees were not awardable); Geico v. Battaglia, 503 So.2d 358 (Fla. 5th DCA 1987) (a fee was not properly awarded when there was no evidence that the insurer wrongfully denied coverage); Fortune Insurance Co. v. Iriban, 593 So.2d 598 (Fla. 3rd DCA 1992) (reversing attorney’s fees judgment because insurance benefits were not wrongfully withheld). In Obando v. Fortune Insurance Co., 563 So.2d 116, 117 (Fla. 3d DCA 1990), the appellate court affirmed an order denying atto…
Authorities Cited
- Hamilton Bank, N.A. v. Masvidal, 563 So. 2d 116 (Fla. 3d DCA 1990)
- Gonzalez v. Kurland, 573 So. 2d 1042 (Fla. 3d DCA 1991)