Amador v. Latin Am. Prop. & Cas. Ins. Co., 552 So. 2d 1132 (Fla. 3d DCA 1989). · Go Syfert
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Amador v. Latin Am. Prop. & Cas. Ins. Co., 552 So. 2d 1132 (Fla. 3d DCA 1989). Cases Citing This Book View Copy Cite
“when the insurance company has agreed to settle a disputed . . . case, it has, in effect, declined to defend its position in the pending suit”
10 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Astorquiza v. Covington Specialty Insurance Company (flmd, 2020-10-28)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (verbatim quote) Astorquiza v. Covington Specialty Insurance Company
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
when the insurance company has agreed to settle a disputed . . . case, it has, in effect, declined to defend its position in the pending suit
cited Cited as authority (rule) Do v. Geico General Insurance Co.
Fla. Dist. Ct. App. · 2014 · confidence medium
Co., 552 So.2d 1132,1133 (Fla. 3d DCA 1989); Avila, 548 So.2d at 894-95 ; Fortune Ins.
discussed Cited as authority (rule) Tristar Lodging, Inc. v. Arch Speciality Insurance
M.D. Fla. · 2006 · confidence medium
Further, “a trial court has no discretion to deny reasonable attorney’s fee to the prevailing plaintiff where the insurance company first disputes the claim and then settles the case after a lawsuit is filed.” Amador v. Latin American Property and Casualty Insurance Company, 552 So.2d 1132, 1133 (Fla. 3d DCA 1989); Losicco v. Aetna Casualty & Surety Company, 588 So.2d 681 (Fla. 3d DCA 1991).
discussed Cited "see" Ottaviano v. Nautilus Ins. Co.
M.D. Fla. · 2009 · signal: see · confidence high
See Amador v. Latin American Property and Casualty Insurance Company, 552 So.2d 1132, 1133 (Fla.App.1989) (“the trial court has no discretion to deny a reasonable attorney’s fee to the prevailing plaintiff where the insurance company first disputes the claim and then settles the case after a lawsuit is filed”); Pepper’s Steel & Alloys, Inc. v. United States, supra, 850 So.2d at 465 (“In Florida ... a settlement ... is the functional equivalent of a confession of judgment or a verdict in favor of the insured.”).
discussed Cited "see, e.g." Jordan v. National Grange Mutual Insurance
W. Va. · 1990 · signal: see also · confidence low
See also Amador v. Latin American Property & Casualty Insurance Co., 552 So.2d 1132 (Fla.Dist.Ct.App.1989); Avila v. Latin American Property & Casualty Insurance Co., 548 So.2d 894 (Fla. Dist.Ct.App.1989); Fortune Insurance Co. v. Brito, 522 So.2d 1028 (Fla.Dist.Ct.App.1988); Gibson v. Walker, 380 So.2d 531 (Fla.Dist.Ct.App. 1980); Parliament Insurance Co. v. That Girl In Miami, Inc., 377 So.2d 1011 (Fla.Dist.Ct.App. 1979); Blue Cross of Florida, Inc. v. Hernandez, 361 So.2d 190 (Fla.Dist.Ct.App.1978); Cincinnati Insurance Co. v. Palmer, 297 So.2d 96 (Fla.Dist.
Raul AMADOR, Appellant,
v.
LATIN AMERICAN PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.
89-285.
District Court of Appeal of Florida, Third District.
Oct 10, 1989.
552 So. 2d 1132
Baskin, Ferguson and Cope.
Cited by 8 opinions  |  Published

[*1133] Alan J. Hodin, Miami, and Kenneth D. Fink, for appellant.

Canning & Murray and C. Robert Murray, Miami, for appellee.

Before BASKIN, FERGUSON and COPE, JJ.

PER CURIAM.

"When the insurance company has agreed to settle a disputed [automobile accident] case, it has, in effect, declined to defend its position in the pending suit. Thus, the payment of the claim is, indeed, the functional equivalent of a confession of judgment or a verdict in favor of the insured." Wollard v. Lloyd's & Companies of Lloyd's, 439 So.2d 217, 218 (Fla. 1983); see also Fortune Ins. Co. v. Brito, 522 So.2d 1028 (Fla. 3d DCA 1988). The trial court has no discretion to deny a reasonable attorney's fee to the prevailing plaintiff where the insurance company first disputes the claim and then settles the case after a lawsuit is filed. § 627.428(1), Fla. Stat. (1987) (upon rendition of judgment against an insurer the trial court shall adjudge against the insurer and in favor of the insured or beneficiary a reasonable sum as attorney fees).

Reversed and remanded.