STATE FARM FIRE AND CASUALTY COMPANY, APPELLANT/CROSS-APPELLEE,
v.
KATHLEEN ALBERT AND BRADLEY ALBERT, APPELLEES/CROSS-APPELLANTS
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PER CURIAM.
No error is shown in the award of attorney’s fees, court costs and prejudgment interest to the insureds as prevailing parties in a dispute over the value of property stolen from a vehicle. We agree with the appellees’ argument on cross-appeal, however, that prejudgment interest should have been awarded from the date of the loss, Independent Fire Ins. Co. v. Lugassy, 593 So. 2d 570 (Fla. 3d DCA 1992), and that the insureds, as the prevailing party, were entitled to recover their appraisal fees as costs of the litigation. See American Indem. Co. v. Comeau, 419 So. 2d 670 (Fla. 5th DCA 1982) (arbitrator’s fees should have been awarded by trial court as taxable costs).
The award of attorney’s fees, costs, and interest is affirmed; the denial of appraisal costs and prejudgment interest from the date of the loss is reversed, and the cause is remanded for further proceedings.
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Underhill Fancy Veal, Inc. v. Padot, 677 So. 2d 1378 (Fla. 1st DCA 1996)…2d 558 (Fla. 1st DCA 1992). It is also not necessary to demonstrate that the parties are in agreement as to the value of the damages on the date of the loss, only that the value was ascertainable at that time. State Farm Fire and Casualty v. Albert, 618 So. 2d 278 (Fla. 3d DCA 1993), rev. denied, 629 So. 2d 135 (Fla. 1993); Phillips, supra. See also Charles Buzbee & Sons, Inc. v. Falkner, 585 So. 2d 1190 (Fla. 2d DCA 1991): In the instant case, the damages awarded reflect the damage done to the vested proper…
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N. Pointe Ins. Co. v. Tomas, 16 So. 3d 977 (Fla. 3d DCA 2009)…d to appraisal and paid the appraisal award, it is deemed to have waived the policy provision allowing deferred payment and is responsible for prejudgment interest from the date of the loss. See Lugassy; accord, State Farm Fire & Cas. Co. v. Albert, 618 So. 2d 278 (Fla. 3d DCA 1993) (holding that prejudgment interest is payable from the date of the loss); see also Liberty Mut. Ins. Co. v. Alvarez, 785 So. 2d 700 (Fla. 3d DCA 2001) (making distinction that, where there is no denial of coverage, prejudgment int…
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The Aries Ins. Co. v. Hercas Corp., 781 So. 2d 429 (Fla. 3d DCA 2001)…rror. Second, we affirm the order denying Hereas’ costs motion. The policy provides that each party shall pay the fees for its chosen appraiser. No basis exists to disregard that provision. Hereas’ reliance on State Farm, Fire & Cas. Co. v. Albert, 618 So. 2d 278 (Fla. 3d DCA), review denied, 629 So. 2d 135 (Fla.1993), is misplaced as that case does not indicate whether it involves the same policy language. Similarly, American Indem. Co. v. Comeau, 419 So. 2d 670 (Fla. 5th DCA 1982), is inapplicable as that'…
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- Am. Indem. Co. v. Comeau, 419 So. 2d 670 (Fla. 5th DCA 1982)
- Indep. Fire Ins. Co. v. Jacques Lugassy and Debra Lugassy, 593 So. 2d 570 (Fla. 3d DCA 1992)