PHOENIX OF HARTFORD INSURANCE CO., PETITIONER,
v.
GALE RUBIN KAPLAN, RESPONDENT
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The Florida Supreme Court denied a petition for writ of certiorari, finding it lacked jurisdiction. However, it awarded attorney's fees to the respondent, holding that the statute allowing such fees applied to appeals filed after its effective date, regardless of the insurance contract's effective date.
Yes, the statute applies to all appeals taken subsequent to its effective date, July 27, 1967, regardless of when the insurance contract became effective. Therefore, attorney's fees are awarded to the respondent.
“it is hereby determined that this Court is without jurisdiction and said application for writ of certiorari is hereby denied.”
Establishes the court's lack of jurisdiction for the primary appeal.
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Join FLexlaw to unlock all legal intelligencePhoenix of Hartford Insurance Co. petitioned for a writ of certiorari to review a decision by the District Court of Appeal. The respondent sought atto…
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Upon consideration of a petition for writ of certiorari to the DCA3 in the above entitled cause directed to the decision of that court dated November 26, 1968, filed November 26, 1968, and recorded in Minute Book 28 at page 273, in the records of said DCA, it is hereby determined that this Court is without jurisdiction and said application for writ of certiorari is hereby denied.
The respondent in said cause has, pursuant to the provisions of para. 627.0127 F.S.A., filed herein an application for the allowance of attorney’s fees for the services of its attorney in these proceedings. Petitioner opposes said application on the ground that the aforementioned statute is not retroactive and may not constitutionally require the payment of fees for services in the appellate court rendered on contract of insurance effective prior to the effective date of said statute.
This cause has been considered and disposed of contrary to the position taken by the petitioner in Home Insurance Company, a New York corporation, Petitioner v. Drescher et al., Respondents, Fla., 220 So. 2d 902, wherein this Court has held in substance that said statute is applicable to all appeals taken subsequent to July 27, 1967.
The notice of appeal in this case having been filed subsequent to said date, it is thereupon ordered that attorneys for the respondent are hereby awarded fees in the sum of $250.00 for their services in these proceedings.
It is so ordered.
DREW, Acting C. J., and THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
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Gen. Accident Ins. Co. of Am. v. Taplis, 493 So. 2d 32 (Fla. 5th DCA 1986)…, 451 So. 2d 848 (Fla.1984); Tucker v. Seward, 400 So. 2d 505 (Fla. 5th DCA 1981); Southeastern Fidelity Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981); Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (Fla.1969); McInnis v. State Farm Mutual Automobile Ins. Co., 208 So. 2d 481 (Fla. 4th DCA 1968); Bass v. Aetna Casualty & Surety Co., 199 So. 2d 790 (Fla. 4th DCA 1967) cert. dismissed 206 So. 2d 211, 212 (Fla.1968). A mere denial of prejudice is i…
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Se. Fid. Ins. Co. v. Earnest, 395 So. 2d 230 (Fla. 3d DCA 1981)…to recover. Bass v. Aetna Casualty & Surety Co. of Hartford, Conn., 199 So. 2d 790, 793 (Fla. 4th DCA 1967), cert. disch., 206 So. 2d 212 (Fla.1968); see also, Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (Fla.1969). Based on the twenty year viability of a Florida judgment3 and the remote possibility that any debtor may eventually secure some funds with which to pay at least a part of it, the appellant argues that depriving a carrier of any judgment,…
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Watherwax v. Allstate Ins. Co., 538 So. 2d 108 (Fla. 2d DCA 1989)…lure to obtain the consent of the insurer under an exclusionary clause does not prohibit recovery, however, if the insurer was not prejudiced by the settlement. Kaplan v. Phoenix of Hartford Ins. Co., 215 So. 2d 893 (Fla. 3d DCA 1968), cert. denied, 220 So. 2d 365 (1969). The general rule in Florida is that where an insured settles with a third party tortfeasor in violation of a nonsettlement provision, the insurer is presumed to have been prejudiced. Argiro v. Progressive American Ins. Co., 510 So. 2d 635 (F…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Link Elliott v. Goodwill Indus. OF S. Fla., 220 So. 2d 902 (Fla. 1969)
- The Home Ins. Co. v. Drescher, 220 So. 2d 902 (Fla. 1969)