HERSHEL G. BLIZZARD AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BETTIE JEAN OLSON, APPELLANT,
v.
GOVERNMENT EMPLOYEES INSURANCE CO., APPELLEE
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The estate of Bettie Jean Olson, a passenger in a car insured by GEICO, sued for unpaid insurance benefits. The trial court granted summary judgment in favor of the estate but denied attorney's fees. The appellate court reversed the denial of fees, holding that Florida Statutes section 627.428(1) mandates attorney's fees whenever an insured prevails against an insurer, regardless of the insurer's good faith.
The estate is entitled to attorney's fees on count one of its complaint under section 627.428(1). The statute's plain language requires that upon rendition of judgment against an insurer in favor of an insured or beneficiary, the court must award reasonable attorney's fees. The insurer's good faith in bringing the dispute is irrelevant; if the dispute falls within section 627.428's scope and the insurer loses, the insurer is always obligated for attorney's fees.
[1] An insurer is obligated to pay attorney's fees when an insured or beneficiary prevails in a suit against the insurer, regardless of the insurer's good faith in the disput…
[2] A prevailing insured or beneficiary is entitled to an award of attorney's fees when a judgment is rendered against an insurer in any court of this state.
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Join FLexlaw to unlock all legal intelligence“Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured's or beneficiary's attorney prosecuting the suit in which the recovery is had.”
Section 627.428(1) establishes the mandatory requirement for attorney's fees in cases where judgment is rendered against an insurer in favor of an insured or beneficiary.
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Join FLexlaw to unlock all legal intelligenceBettie Jean Olson died on May 11, 1990, while a passenger in a car insured by GEICO. The estate, represented by counsel, filed a complaint in October …
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LAWRENCE, Judge.
We have for review an order granting summary judgment, and denying attorney’s fees. We reverse the denial of fees and affirm in all other respects.
Bettie Jean Olson died on May 11, 1990, while a passenger in a car insured by Government Employees Insurance Company (Geico). Olson’s estate, represented by counsel, filed a two-count complaint in October 1991, alleging that Geico owed unpaid benefits. At the time of filing the complaint, all benefits remained unpaid; a statute requires that benefits be paid within thirty days of reasonable proof of loss. The trial judge granted the estate’s motion for summary judgment, finding that Geico owed the estate the statutory benefits at issue. The judge also found that Geico timely paid the insurance benefits due; for this reason the judge denied the estate’s motion for an attorney’s fee.
We reverse the denial of an attorney’s fee, based on section 627.428(1), Florida Statutes (1991), which provides:
Attorney’s fee.—
(1) Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had.
(Emphasis added.) The language of this statute is plain on its face and requires that the estate receive an attorney’s fee for prevailing on count one of the instant suit. The Supreme Court, regarding this statute, moreover tells us:
We reject the argument that attorney’s fees should not be assessed against [the insurance company] because this dispute involved a type of claim which reasonably could be expected to be resolved by a court. [The insurer’s] good faith in bringing this suit is irrelevant. If the dispute is within the scope of section 627428 and the insurer loses, the insurer is always obligated for attorney’s fees.
Insurance Co. of N. Am. v. Lexow, 602 So. 2d 528, 531 (Fla.1992).
The instant dispute is within the scope of section 627.428. Olson died in May 1990; a claim was timely filed with Geico; suit was filed more than one year later on October 25, 1991. Count one of the complaint asked for a declaratory judgment requiring Geico to provide full coverage to Olson’s estate. Gei-co paid the benefits due on February 26, 1992. The trial judge rendered judgment against the insurer on count one of the estate’s complaint. The estate therefore is entitled to a fee on count one, according to the plain words of the statute.
The order under review thus must be reversed and remanded for the award of an attorney’s fee on the estate’s first count. We affirm in all other respects.
It is so ordered.
JOANOS and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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United Auto. Ins. Co. v. Exanne Zulma, 661 So. 2d 947 (Fla. 4th DCA 1995)…7.428 is to place the insured in the place she would have been had the insurer seasonably paid the claim or benefits without causing the insured to engage counsel and incur obligations for attorney’s fees); Blizzard v. Government Employees Ins. Co., 654 So. 2d 565 (Fla. 1st DCA 1995) (the plain language of section 627.428 requires that plaintiff be awarded attorney’s fees when plaintiff prevails in the lawsuit). Accordingly, we cannot find that the trial court abused its discretion in awarding Zulma attorney’…
Authorities Cited
- Ins. Co. OF N. Am. v. Clausson P. Lexow, 602 So. 2d 528 (Fla. 1992)