CIGNA PROPERTY & CASUALTY CO., F/K/A INSURANCE COMPANY OF NORTH AMERICA, APPELLANT/CROSS-APPELLEE,
v.
ALEXANDER F. RUDEN, APPELLEE/CROSS-APPELLANT

Fla. 3d DCA | 1993-05-18
No. 92-1849
Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.
621 So. 2d 714 Florida District Court of Appeal, Third District (1993) Negative Treatment
Cited by 3 cases

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Synopsis

CIGNA Property & Casualty Co. appealed a judgment requiring it to pay marine insurance coverage under a "sue and labor" clause, including vessel foreclosure damages and prejudgment interest. The court affirmed coverage liability but reversed the award for vessel value and prejudgment interest on unpaid expenses, holding that coverage extends to reasonable costs the insured is obligated to pay but has not yet disbursed, and that prejudgment interest applies only to actually paid expenses.


Holding

The court held that the "sue and labor" clause obligates the insurer to pay reasonable costs and expenses the insured is obligated to pay but has not yet actually disbursed. However, the loss of the vessel through foreclosure was not a consequential loss attributable to the insurance company's denial of coverage, and prejudgment interest is only proper on expenses actually paid by the insured prior to judgment.


Headnotes

[1] A marine insurance policy's "sue and labor" clause obliges the insurer to reimburse the insured for reasonable costs and expenses incurred, even if not yet actually disbu…

[2] Loss of a vessel through foreclosure proceedings is not a consequential loss caused by an insurer's wrongful denial of coverage when the payment of the vessel mortgage re…

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Key Quotes

“the policy not only requires Cigna to reimburse the insured for out-of-pocket payment by the insured, but also obliges the insurance company to make payment of reasonable costs and expenses incurred by the insured, that is, reasonable costs and expenses the insured is obliged to pay, but has not yet actually disbursed”

Establishes that the "sue and labor" clause covers prospective obligations, not just payments already made by the insured

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Facts & Procedural History

CIGNA issued a marine insurance policy to Alexander Ruden containing a "sue and labor" clause covering reasonable costs and salvage expenses. The tria…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Cigna Property and Casualty Co. appeals an adverse final judgment. The insured cross-appeals the denial of attorney’s fees. We affirm in part and reverse in part.

We concur with the trial court that there was coverage under the “sue and labor” clause of the marine insurance policy issued to the insured, Alexander Ruden. We also agree with the trial court that the coverage includes, as the policy states, “reasonable costs and salvage expenses incurred by you....” Contrary to Cigna’s argument, the policy not only requires Cig-na to reimburse the insured for out-of-pocket payment by the insured, but also obliges the insurance company to make payment of reasonable costs and expenses incurred by the insured, that is, reasonable costs and expenses the insured is obliged to pay, but has not yet actually disbursed.

Given the factual findings made by the trial court in this case, however, we are unable to see how the insured’s loss of the vessel through foreclosure proceedings was a consequential loss caused by the insurance company’s wrongful denial of coverage. Payment of the vessel mortgage remained the obligation of the insured. Given the findings that the vessel would not have been chartered again, and the findings about the insured’s financial straits, we fail to see how the loss of the vessel through foreclosure of the mortgage can be attributed to the insurance company. We therefore reverse so much of the final judgment as awards the insured the value of the vessel.

The insurer also contends that prejudgment interest must be recalculated because prejudgment interest was awarded for several items not actually paid by the insured. On this point, the insurer is also correct. Writing in a related context, the Florida Supreme Court has recently held that “a claimant in a personal injury action is only entitled to prejudgment interest on past medical expenses when the trial court finds that the claimant has made actual, out-of-pocket payments on those medical bills at a date prior to the entry of judgment. Upon such a finding, the trial judge can properly award prejudgment interest at the statutory rate from the date of payment by the plaintiff.” Alvarado v. Rice, 614 So. 2d 498 (Fla.1993). The same princi- pie applies here.* We therefore reverse the award of prejudgment interest and remand for recalculation in light of Alvarado v. Rice.

On the cross-appeal, we affirm.

The final judgment is affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.

*

If the vendor of the services charges interest on unpaid balances, then the unpaid balance in-eluding the vendor’s interest charges represents the plaintiffs proof of damages for that item.


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Citator

Cited By

  • Lumbermens Mut. Cas. Co. v. Percefull, 653 So. 2d 389 (Fla. 1995)
    …gment interest on amounts due under a contract of insurance that provides for claims to be paid directly to the insured immediately upon the filing of proof of loss. The district court certified conflict with Cig-na Property & Casualty Co. v. Ruden, 621 So. 2d 714 (Fla. 3d DCA 1993). We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and approve the decision of the district court. The record reveals that Percefull was injured in a motorcycle accident and incurred substantial medical cost…
  • Lumbermens Mut. Cas. Co. v. Percefull, 638 So. 2d 1026 (Fla. 4th DCA 1994)
    …in contracts drafted by insurers which would deny prejudgment interest to the insured as an element of “just compensation” for pecuniary loss. See Argonaut 593 So. 2d at 572. However, we certify conflict with Cigna Property & Casualty Co. v. Ruden, 621 So. 2d 714 (Fla. 3d DCA 1993). We find no reversible error in the remaining point raised. . We reject the procedural challenges to our consideration of this appeal from the second final declaratory judgment, finding the court was vested with sufficient juris…
  • Venn v. St. Paul Fire & Marine Ins. Co., 169 B.R. 735 (N.D. Fla. 1994)

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