GEORGE DALEO AND JOHN DUBOIS, PETITIONERS-CROSS-RESPONDENTS,
v.
THE TRAVELERS INDEMNITY COMPANY, RESPONDENT-CROSS-PETITIONER

Fla. | 1973-07-11
No. 43468
CARLTON, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ„ concur.
282 So. 2d 169 Florida Supreme Court (1973) Negative Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Petitioners’ petition for writ of certiora-ri is denied.

Petitioners-Cross Respondents’ petition for attorney’s fees is denied and Respondent’s cross petition for writ of certiorari is granted without oral argument. The filing of briefs is hereby dispensed with, cer-tiorari is granted, the decision of the District Court of Appeal, Third District, is quashed, and the cause remanded for reconsideration in light of Wilder v. Wright, 278 So.2d 1 (Fla.1973).

CARLTON, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ„ concur.


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  • Roberts v. Carter, 350 So. 2d 78 (Fla. 1977)
    …fees are allowable under the statute only when the narrow statutory class — the insured or a named beneficiary — is required to litigate a valid claim against an insurer. Wilder v. Wright, 278 So. 2d 1 (Fla. 1973); Daleo v. Travelers Indemnity Co., 282 So. 2d 169 (Fla. 1973).3 Recovery of fees has generally been denied when other persons have litigated the issue of insurance coverage on their own behalf, such as in the injured “third party beneficiary” cases made possible by Shingleton v. Bussey, 223 So. 2d…
  • Volkswagen Ins. Co. v. Dung BA Nguyen, 405 So. 2d 190 (Fla. 3d DCA 1981)
    …port personal items as well as materials belonging to AHC. There is no coverage under the SMP policy.10 Ming contends this case is controlled by Daleo v. Bert & Betty Bayfront 66 Marine, 273 So. 2d 113 (Fla.3d DCA 1973), quashed on other grounds in 282 So. 2d 169 (Fla. 1973). We have considered this opinion at length and cannot distinguish it on the facts. We therefore recede from this opinion and decision by holding, as indicated, that the injury to Ming did arise out of the “maintenance” or “use” of a moto…
  • State Farm Mut. Auto. Ins. Co. v. Cedolia, 571 So. 2d 1386 (Fla. 4th DCA 1990)
    …udgment. It relies on Hart v. Bankers Fire & Cas. Ins. Co., 320 So. 2d 485 (Fla. 4th DCA 1975); Dawson v. Blue Cross Ass’n, 293 So. 2d 90 (Fla. 1st DCA 1974); and Daleo v. Bert & Bette Bay front 66 Marine, 273 So. 2d 113 (Fla. 3d DCA 1972), quashed, 282 So. 2d 169 (Fla.1973). We note for the trial court that we do not find that competent, substantial evidence supports its use of a multiplier. Standard Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla.1990), states that evidence must be presented to justify th…

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