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20 Florida opinions name it 2 courts 1929–2024 2 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bane v. Banegreen2 sentences2024“Under the American rule, ‘a court may only award attorney’s fees when such fees are expressly provided for by statute, rule, or contract.’” Q.H. v. Sunshine State Health Plan, Inc., 305 So. 3d 543 , 546 (Fla. 4th DCA 2020) (quoting Bane v. Bane, 775 So. 2d 938, 940 (Fla. 2000)). 2024“Under the American rule, ‘a court may only award attorney’s fees when such fees are expressly provided for by statute, rule, or contract.’” Q.H. v. Sunshine State Health Plan, Inc., 305 So. 3d 543 , 546 (Fla. 4th DCA 2020) (quoting Bane v. Bane, 775 So. 2d 938, 940 (Fla. 2000)). | 2 | 2 |
Newton v. Auto-Owners Insurance Co.green2 sentences1995The phrase "legally entitled to recover" means: "the insured must have a claim against the tortfeasor which could be reduced to judgment in a court of law." Newton v. Auto-Owners Insurance Company, 560 So.2d 1310, 1312 (Fla. 1st DCA), review denied, 574 So.2d 139 (Fla. 1990), approved by Dauksis v. State Farm Mutual Auto Insurance Co., 623 So.2d 455 (Fla. 1993). 1994Co., 560 So.2d 1310, 1312 (Fla. 1st DCA 1990) (citing Boynton, 486 So.2d at 555 ), review denied, 574 So.2d 139 , 141 (Fla. 1990) (approved in Dauksis v. State Farm Mut. | 2 | 2 |
Allstate Ins. Co. v. Boyntongreen2 sentences1995Consistent with this interpretation, the court construed the phrase "legally entitled to recover" found in the uninsured motorist statute, as well as the policy at issue in the case, to mean "that the insured must have a claim against the tortfeasor which could be reduced to judgment in a court of law." 486 So.2d at 555 . 1992In Boynton , we stated that the plain meaning of section 627.727 would appear to require that the insured must have a claim against the tortfeasor that could be reduced to judgment in a court of law. 486 So.2d at 555 . | 1 | 4 |
Travelers Ins. Co. v. Perezgreen2 sentences2008In Travelers Insurance Co. v. Perez, 384 So.2d 971 (Fla. 3d DCA 1980), the Third District addressed the issue of whether the release of an insurer by the insured could bar a subsequent bad-faith action against the insurer by a third-party beneficiary to the insurance contract. 2008See id. at 972 . | 1 | 1 |
NORTH AMER. VAN LINES v. Lexington Ins.green1 sentence1997See North American, 678 So.2d at 1333 (majority), as well as Judge Polen's dissent. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Time Ins. Co., Inc. v. Burger
green
1 sentence2018In Time Insurance Co. v. Burger, 712 So. 2d 389 (Fla. 1998), the insured submitted a claim for payment of health care benefits. | 1 | 2018–2018 |
Dosdourian v. Carsten
green
1 sentence2007NOTES [1] According to the complaint, Joseph A. Craft, an employee of Gulf, negligently operated a motor vehicle owned by Gulf while in the course and scope of his employment, causing the vehicle to collide with a motor vehicle operated by Nair. [2] Declaring Mary Carter agreements void as against public policy, the Florida Supreme Court in Dosdourian defined the typical Mary Carter agreement as "a contract by which one codefendant secretly agrees with the plaintiff that, if such defendant will proceed to defend himself in court, his own maximum liability will be diminished proportionately by | 1 | 2007–2007 |
Peachtree Cas. Ins. Co. v. Walden
green
1 sentence2001As the Walden court remarked, why should an insured have to test whether "the insurer was only kidding when it sent the notice." Id. | 1 | 2001–2001 |
Blanchard v. State Farm Mut. Auto. Ins.
green
1 sentence1999Id. at 1290 . | 1 | 1999–1999 |
Dauksis v. STATE FARM MUTUAL AUTOMOBILE INS.
green
1 sentence1995The phrase "legally entitled to recover" means: "the insured must have a claim against the tortfeasor which could be reduced to judgment in a court of law." Newton v. Auto-Owners Insurance Company, 560 So.2d 1310, 1312 (Fla. 1st DCA), review denied, 574 So.2d 139 (Fla. 1990), approved by Dauksis v. State Farm Mutual Auto Insurance Co., 623 So.2d 455 (Fla. 1993). | 1 | 1995–1995 |
State Farm Fire & Cas. v. Edgecumbe
green
1 sentence1992We held that State Farm did not owe the insured a defense of that action because this allegation of injury brought "the claim within the exclusion of the State Farm policy providing no coverage for claims or suits brought against the insured for bodily injury or property damage which is expected or intended by the insured." Id. at 210 . | 1 | 1992–1992 |
Miller v. Mutual of Omaha Insurance Company
green
1 sentence1983The other case, cited to us by counsel for the insurance company is Miller v. Mutual of Omaha Insurance Co., 235 So.2d 33 (Fla. 1st DCA 1970), which he says stands for the proposition "that the mere telling to the insured that the claim would not be paid, albeit discourteously, created a question of fact to be submitted to the jury." We reject this interpretation of that holding and note the critical fact that the insurance company's agent went to the insured's house and demanded and took away the policy. | 1 | 1983–1983 |
US Liability Ins. Co. v. Bove
green
1 sentence1982Thus, the plaintiff had the burden of proving more than a single theft occurred on April 4." U.S. Liability Insurance Company v. Bove, 347 So.2d at 680 . | 1 | 1982–1982 |
State Fire & Casualty Co. v. National Indemnity Co.
green
1 sentence1977In State Fire and Casualty Co. v. National Indemnity Co., 225 So.2d 570 (Fla. 3d DCA 1969), this Court held that a similar release from the insured could not bar the second insurance carrier’s right to contribution. | 1 | 1977–1977 |
Life Insurance Company of Virginia v. Shifflet
green
1 sentence1975Life Insurance Company of Virginia v. Shifflet, Fla. 1967, 201 So.2d 715 . | 1 | 1975–1975 |
Price v. Prudential Insurance Co. of America
green
2 sentences1935Aetna Insurance Co. v. Cartmel, 87 Fla. 195 , 100 So. 802 ; Price v. Insurance Co., 98 Fla. 1044 , 124 So. 817 . 1935Aetna Insurance Co. v. Cartmel, 87 Fla. 195 , 100 So. 802 ; Price v. Insurance Co., 98 Fla. 1044 , 124 So. 817 . | 1 | 1935–1935 |
Aetna Casualty & Surety Co. v. Cartmel
green
1 sentence1935Aetna Insurance Co. v. Cartmel, 87 Fla. 195 , 100 So. 802 ; Price v. Insurance Co., 98 Fla. 1044 , 124 So. 817 . | 1 | 1935–1935 |
Stringfellow v. Alexander
neutral
1 sentence1929See Cook on Insurance p. 126; Stringfellow v. Alexander, 96 Fla. 1 , 117 So. | 1 | 1929–1929 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.