ROMANO BROTHERS CONSTRUCTION AND EMPLOYERS SELF INSURERS FUND C/O CLAIMS CENTER, APPELLANTS,
v.
DALE STRIKER, APPELLEE
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The court affirmed summary judgment for Skandia U.S. (as assignee of Force Financial) against Employers Reinsurance Corporation, holding that an exclusion clause in Employers' policy did not apply to prevent coverage for Force Financial's negligent claims handling.
The court held that Employers Reinsurance Corporation had no basis to deny coverage for Force Financial's negligent claims handling, as the exclusion clause cited by Employers did not apply.
Force Financial, an agent for Skandia U.S., mishandled a claim, leading to a late policy limits tender. Skandia U.S. settled with the claimant and the…
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ALLEN, J.
The employer and servicing agent challenge the amount of an attorney’s fee awarded in the workers’ compensation proceeding below, and assert that the fee award should not encompass services provided and benefits obtained after March 1995, when payments were made current. In departing from the statutory fee schedule under section 440.34(1), Florida Statutes (1991), the judge considered and relied on the attorney’s subsequent time and services which ultimately led to a lump sum settlement of any and all potential claims. Because the claimant did not establish any other basis for such an award, and section 440.20(12)(b), Florida Statutes (1991), indicates that the claimant shall be responsible for the payment of his own attorney’s fees in connection with the settlement, we reverse the appealed order and remand for reconsideration as to the amount of the fee award.
ERVIN and DAVIS, JJ., CONCUR.