LUMBERMENS MUTUAL CASUALTY CO., ETC., PETITIONER,
v.
KAY C. PERCEFULL, ETC., RESPONDENT

Fla. | 1995-04-06
No. 84045
GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
653 So. 2d 389 Florida Supreme Court (1995) Negative Treatment
Cited by 62 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

An insured person is entitled to prejudgment interest on amounts due under a contract of insurance that provides for claims to be paid directly to the insured, from the date the debt is due, without requiring proof of out-of-pocket expenses.


Headnotes

[1] In contract actions, prejudgment interest is allowable from the date the debt is due, regardless of whether there is an honest dispute as to whether the debt is actually…

[2] Prejudgment interest is allowable in contract actions even if the insured has not yet paid the underlying expenses for which the insurance benefits are due.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Percefull, injured in an accident, had a major medical insurance policy with Lumbermens that paid benefits directly to the insured. When Lumbermens fa…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

We have for review Lumbermens Mutual Casualty Co. v. Percefull, 638 So. 2d 1026 (Fla. 4th DCA 1994), in which the district court held that an insured person is entitled to prejudgment 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 costs. At the time of the accident, Percefull was covered by Lumber-mens Mutual Casualty Company (Lumber-mens) under a major medical insurance policy that included the following pertinent language:

TIME OF PAYMENT OF CLAIMS: Benefits payable under this Policy for any loss ... will be paid immediately upon receipt of due written proof of such loss. PAYMENT OF CLAIMS: All benefits under this Policy will be payable to you.

(Emphasis added.) In contrast to medical insurance policies that provide for payments to be made to the health care provider, this policy expressly provided that the benefits would be paid directly to the insured. When Lumbermens failed to pay the claims to Percefull’s satisfaction, Percefull sued for breach of contract, specific performance, and a declaratory judgment regarding the scope of coverage under the policy. The trial court ruled in Percefull’s favor but denied prejudgment interest. In its final order, the trial court stated that Percefull would be entitled to prejudgment interest only if Percefull had actually paid the claims to the health care providers. Both Percefull and Lumbermens appealed to the district court. On the issue of prejudgment interest, the district court reversed and observed: “It has long been the rule that in contract actions interest is allowable from the date that the debt is due.” Lumbermens, 638 So. 2d at 1029. The court determined that the “out-of-pocket” rule used by the trial court did not apply in this contract action. Noting that the Third District Court had reached a contrary decision in Ruden, the court certified conflict.

In Parker v. Brin son Construction Co., 78 So. 2d 873, 874 (Fla.1955), this Court observed the general rule that prejudgment interest is allowed in Florida for actions based on contract from the date the debt is due. We further noted:

The fact that there is an honest and bona-fide dispute as to whether the debt is actually due has no bearing on the question. The rule is that if it is finally determined that the debt was due, the person to whom it was due is entitled not only to the payment of the principal of the debt but to interest at the lawful rate from the due date thereof.

Id. (emphasis added). We find that the district court correctly applied the rule enunciated in Brinson to the contract action in the instant case. Lumbermens became indebted to Percefull when it failed to pay Percefull for the claims submitted. Under these contract provisions, Percefull was clearly entitled to prejudgment interest.

We agree with the district court that the decision in Ruden conflicts with the instant case and with our decision in Brinson. In Ruden, the Third District Court reversed an award of prejudgment interest on an insurance contract debt because of its determination that prejudgment interest was appropriate only when a claimant had suffered out-of-pocket expenses. The district court based its holding on our decision in Alvarado v. Rice, 614 So. 2d 498 (Fla.1993). However, Alvarado was a personal injury action, not a contract claim. As we explained in Brinson, tort claims are generally excepted from the rule allowing prejudgment interest, primarily because tort damages are generally too speculative to liquidate before final judgment. Brinson, 78 So. 2d at 875. While the rule in Alvarado provided a narrow exception to the prohibition against prejudgment interest in tort cases, it did not announce a new limitation on prejudgment interest in contract cases. We disapprove the Third District Court’s extension of our decision in Alvarado to contract claims.

Lumbermens argues that because Perce-full has not paid the medical expenses related to the insurance claims, Perceftdl should not receive a “windfall” in the form of prejudgment interest. Lumbermens’ argument ignores the fact that it has a contract with Percefull, supported by consideration, in which Lumbermens agreed to pay Percefull specified sums on the occurrence of certain conditions. Whether Percefull uses this money to pay medical bills or for some other purpose does not change the fact that a debt has been created.

We distinguish Aetna Casualty & Surety Co. v. Langel, 587 So. 2d 1370 (Fla. 4th DCA 1991), United Services Automobile Ass’n v. Strasser, 530 So. 2d 1026 (Fla. 4th DCA 1988), and Cooper v. Aetna Casualty & Surety Co., 485 So. 2d 1367 (Fla. 2d DCA 1986), in which claims for prejudgment interest were denied. While these uninsured motorist recoveries were based upon contracts of insurance, they actually involved unliquidated personal injury damage claims.

We approve the decision of the district court. The trial court should have granted Percefull’s request for prejudgment interest on the debt created by Percefull’s contract with Lumbermens without requiring proof that Percefull had incurred any out-of-pocket expenses. We disapprove Ruden to the extent that it conflicts with this opinion. We remand for further proceedings consistent with this opinion.

It is so ordered.

GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (35 total)

  • Marc E. Bosem, M.D. v. Musa Holdings, Inc., 46 So. 3d 42 (Fla. 2010)
    …ed the amount of damages, the amount was ascertainable and not speculative. “Historically, plaintiffs in personal injury cases have not been entitled to prejudgment interest[, because a]s we explained in Lumbermens Mutual Casualty Co. v. Percefull, 653 So. 2d 389, 390 (Fla.1995), damages in personal injury cases are too speculative to liquidate before final judgment.” Amerace Corp. v. Stallings, 823 So. 2d 110, 113 (Fla.2002). In Jackson Grain Co. v. Hoskins, 75 So. 2d 306, 310 (Fla.1954), we explained that…
  • Amerace Corp. v. Stallings, 823 So. 2d 110 (Fla. 2002)
    …t. See Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985); Zorn v. Britton, 120 Fla. 304, 162 So. 879 (1935); Farrelly v. Heuacker, 118 [*113] Fla. 340, 159 So. 24 (1935). As we explained in Lumbermens Mutual Casualty Co. v. Percefull, 653 So. 2d 389, 390 (Fla. 1995), damages in personal injury cases are too speculative to liquidate before final judgment. The only exception to this rule is if the plaintiff can establish that he or she has suffered the loss of a vested property right. See Alvarad…
    1 / 2
  • Citizens Prop. Ins. Corp. v. Mallett, 7 So. 3d 552 (Fla. 1st DCA 2009)
    …rd or mediation settlement with Citizens. It is the terms of a contract for insurance which determine the date from which the coverage payment is due, as well as when interest is due on the amounts payable. See Lumbermens Mut. Cas. Co. v. Percefull, 653 So. 2d 389 (Fla.1995). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. HAWKES, C.J., concurs, and BENTON, J., concurs in judgment. . The law and ordinance coverage under the policy provides reimbursemen…

Previewing 3 of 35 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw