CITIZENS PROPERTY INSURANCE CORPORATION
v.
MARIA CRUZ
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.
When a lawsuit against an insurer results in a judgment in favor of the insured, the trial court must award reasonable attorney's fees to the insured if the suit served a legitimate purpose as a necessary catalyst to effectuate payment of the claim.
[1] Upon entry of judgment against an insurer in favor of an insured, the trial court must award reasonable attorney's fees if the suit served a legitimate purpose as a neces…
Previewing 1 of 1 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“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 . . . the trial 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.”
Statutory requirement for attorney's fees award under § 627.428(1), Fla. Stat. (2022)
Maria Cruz brought suit against Citizens Property Insurance Corporation. The trial court rendered judgment in favor of Cruz and awarded her reasonable…
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.
Explore caselaw by topic → Browse Catalyst Theory For Attorney'S Fees cases and more on FLexlaw
Opinion filed October 18, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1187 Lower Tribunal No. 17-28414
________________
Citizens Property Insurance Corporation,
Appellant,
vs.
Maria Cruz,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Traub Lieberman Straus & Shrewsberry LLP, C. Ryan Jones, and Scot E. Samis (St. Petersburg), for appellant. Law Offices of Geoffrey B. Marks, and Geoffrey B. Marks, for appellee. Before FERNANDEZ, SCALES, and MILLER, JJ. PER CURIAM. Affirmed. See § 627.428(1), Fla. Stat. (2022) (“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 . . . the trial 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.”); see also Citizens Prop. Ins. Corp. v. Delgado, 337 So. 3d 475, 476 (Fla. 3d DCA 2022) (affirming trial court’s award of attorney’s fees when lawsuit was “necessary catalyst to effectuate payment of the claim”); Lewis v. Universal Prop. & Cas. Ins. Co., 13 So. 3d 1079, 1082 (Fla. 4th DCA 2009) (“[W]hether suit is filed before or after the invocation of the appraisal process is not determinative of the insured's right to fees; rather, the right to fees turns upon whether the filing of the suit served a legitimate purpose.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Citizens Prop. Ins. Corp. v. Cruz, 337 So. 3d 475 (Fla. 3d DCA 2023)…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.”); see also Citizens Prop. Ins. Corp. v. Delgado, 337 So. 3d 475, 476 (Fla. 3d DCA 2022) (affirming trial court’s award of attorney’s fees when lawsuit was “necessary catalyst to effectuate payment of the claim”); Lewis v. Universal Prop. & Cas. Ins. Co., 13 So. 3d 1079, 1082 (Fla. 4th DCA 2009) (“[W]hether suit…
Authorities Cited
- Lewis v. Universal Prop. & Cas. Ins. Co., 13 So. 3d 1079 (Fla. 4th DCA 2009)
- Citizens Prop. Ins. Corp. v. Cruz, 337 So. 3d 475 (Fla. 3d DCA 2023)