Florida Statute 627.428 - Full Text and Legal Analysis

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Cases Citing Statute 627.428
Total Results: 692
Florida Patient's Compensation Fund v. Rowe
472 So. 2d 1145, 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238
Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1793751
Cited 872 times | Published
litigation in certain types of actions. See, e.g., § 627.428, Fla. Stat. (1983) (attorney fees assessed against
Standard Guar. Ins. Co. v. Quanstrom
555 So. 2d 828, 1990 WL 3840
Supreme Court of Florida | Filed: Jan 11, 1990 | Docket: 1246425
Cited 192 times | Published
be paid to a prevailing insured pursuant to section 627.428, Florida Statutes (1987).[2] We find it necessary
Edward Fritz v. Standard Security Life Insurance Company of New York
676 F.2d 1356, 1982 U.S. App. LEXIS 19035
Court of Appeals for the Eleventh Circuit | Filed: May 24, 1982 | Docket: 1260385
Cited 164 times | Published
for both trial and appellate work. Fla.Stat. § 627.428; Meeks v. State Farm Mut. Auto Ins. Co.
State Farm Fire & Cas. Co. v. Palma
629 So. 2d 830, 19 Fla. L. Weekly Supp. 2, 1993 Fla. LEXIS 1994, 1993 WL 528453
Supreme Court of Florida | Filed: Dec 23, 1993 | Docket: 2464553
Cited 148 times | Published
Court, finding that they were proper under section 627.428, Florida Statutes (1983). The trial court also
State Farm Mut. Auto. Ins. Co. v. Nichols
932 So. 2d 1067, 31 Fla. L. Weekly Supp. 358, 2006 Fla. LEXIS 982, 2006 WL 1491542
Supreme Court of Florida | Filed: Jun 1, 2006 | Docket: 1072860
Cited 117 times | Published
Stat. (1999). The cross-referenced statute, section 627.428, provides: Upon the rendition of a judgment
Wollard v. Lloyd's & Companies of Lloyd's
439 So. 2d 217, 1983 Fla. LEXIS 3007
Supreme Court of Florida | Filed: Oct 6, 1983 | Docket: 476542
Cited 73 times | Published
the insured to attorney's fees pursuant to Section 627.428, Florida Statutes (1979)." 420 So.2d at 941
Jones v. United Space Alliance, L.L.C.
494 F.3d 1306, 2007 U.S. App. LEXIS 18751, 90 Empl. Prac. Dec. (CCH) 42,939, 101 Fair Empl. Prac. Cas. (BNA) 329, 2007 WL 2254510
Court of Appeals for the Eleventh Circuit | Filed: Aug 8, 2007 | Docket: 1611318
Cited 65 times | Published
1311-12 (11th Cir.2000) (holding that Fla. Stat. § 627.428 allowing for recovery of attorneys' fees in insurance
Campbell v. Government Employees Insurance Co.
306 So. 2d 525, 85 A.L.R. 3d 1200, 1974 Fla. LEXIS 4036
Supreme Court of Florida | Filed: Dec 18, 1974 | Docket: 2448826
Cited 60 times | Published
attorney's fees were recoverable pursuant to Section 627.428, F.S., as incident to the judgment recoveries
Insurance Company of North America v. Lexow
937 F.2d 569, 1991 U.S. App. LEXIS 17181
Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1991 | Docket: 831722
Cited 51 times | Published
entitled to recover attorney's fees under section 627.428(1) are either " 'an insured or the named beneficiary
Insurance Company of North America v. Lexow
937 F.2d 569, 1991 U.S. App. LEXIS 17181
Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1991 | Docket: 831722
Cited 51 times | Published
entitled to recover attorney's fees under section 627.428(1) are either " 'an insured or the named beneficiary
DADELAND DEPOT. v. St. Paul Fire and Marine
945 So. 2d 1216, 31 Fla. L. Weekly Supp. 882, 2006 Fla. LEXIS 2953, 2006 WL 3741019
Supreme Court of Florida | Filed: Dec 21, 2006 | Docket: 2451707
Cited 49 times | Published
prevailing actions against insurers found in section 627.428 also applies to these actions, and that "[o]wners
Roberts v. Carter
350 So. 2d 78
Supreme Court of Florida | Filed: Sep 15, 1977 | Docket: 1757749
Cited 47 times | Published
considered the same or related questions under Section 627.428(1), Fla. Statutes (1975), which authorizes
Bell v. USB Acquisition Co., Inc.
734 So. 2d 403
Supreme Court of Florida | Filed: May 20, 1999 | Docket: 1730833
Cited 45 times | Published
may have a broader policy purpose, see, e.g., § 627.428, Fla. Stat. (1997) (attorney's fees against insurer)
Hans E. Kivi and Carol A. Kivi, Individually and as Husband and Wife v. Nationwide Mutual Insurance Company, a Foreign Corporation, Defendant
695 F.2d 1285, 35 Fed. R. Serv. 2d 1363, 1983 U.S. App. LEXIS 31351
Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 1983 | Docket: 509534
Cited 42 times | Published
argument. An award of attorney’s fees under Section 627.428(1) Fla.Stat. (1979) “is available ... to .
Insurance Co. of North America v. Lexow
602 So. 2d 528, 17 Fla. L. Weekly Supp. 453, 1992 Fla. LEXIS 1271, 1992 WL 163960
Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1321342
Cited 38 times | Published
"UNDER A POLICY OR CONTRACT" IN FLORIDA STATUTES, § 627.428(1) INCLUDE SUBSEQUENT LITIGATION TO DETERMINE
Continental Cas. Co. v. Ryan Inc. Eastern
974 So. 2d 368, 2008 WL 190633
Supreme Court of Florida | Filed: Jan 24, 2008 | Docket: 1717876
Cited 37 times | Published
entitled to recover its attorney's fees under section 627.428, Florida Statutes (2006), for prevailing in
Sarkis v. Allstate Ins. Co.
863 So. 2d 210, 28 Fla. L. Weekly Supp. 740, 119 A.L.R. 5th 611, 2003 Fla. LEXIS 1710, 2003 WL 22250352
Supreme Court of Florida | Filed: Oct 2, 2003 | Docket: 1432415
Cited 36 times | Published
may have a broader policy purpose, see, e.g., § 627.428, Fla. Stat. (1997) (attorney's fees against insurer)
Adolfo House Distributing Corp. v. Travelers Property & Casualty Insurance
165 F. Supp. 2d 1332, 2001 U.S. Dist. LEXIS 14489
District Court, S.D. Florida | Filed: Jul 7, 2001 | Docket: 2449342
Cited 33 times | Published
of this action against Travelers pursuant to § 627.428, Florida Statutes. NOTES [1] "Trade dress" is
Cincinnati Insurance Company v. Palmer
297 So. 2d 96
District Court of Appeal of Florida | Filed: May 24, 1974 | Docket: 1033702
Cited 33 times | Published
attorney's fee to the appellee-Palmer under F.S. Section 627.428, F.S.A. in the absence of a judgment being
STATE FARM FLORIDA INS. CO. v. Lorenzo
969 So. 2d 393, 2007 WL 2140588
District Court of Appeal of Florida | Filed: Jul 27, 2007 | Docket: 1725929
Cited 29 times | Published
of judgment doctrine is inapplicable here. Section 627.428, Florida Statutes, addresses the award of attorney's
Miele v. Prudential-Bache Securities, Inc.
656 So. 2d 470, 20 Fla. L. Weekly Supp. 260, 1995 Fla. LEXIS 954, 1995 WL 337998
Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 1283708
Cited 29 times | Published
awarding suit money under the provisions of section 627.428, Florida Statutes (1987). Fewox v. McMerit
DiStefano Const., Inc. v. Fidelity & Deposit Co. of Md.
597 So. 2d 248, 17 Fla. L. Weekly Supp. 83, 1992 Fla. LEXIS 187, 1992 WL 18562
Supreme Court of Florida | Filed: Feb 6, 1992 | Docket: 1704824
Cited 28 times | Published
2d 989 (Fla. 1989), on the issue of whether section 627.428(1), Florida Statutes (1987),[1] provides for
Danis Industries v. GROUND IMP. TECH.
645 So. 2d 420, 1994 WL 643759
Supreme Court of Florida | Filed: Nov 17, 1994 | Docket: 1168939
Cited 27 times | Published
prosecuting the suit in which the recovery is had. § 627.428(1), Fla. Stat. (1989). This language specifically
Fewox v. McMerit Const. Co.
556 So. 2d 419, 1989 WL 147957
District Court of Appeal of Florida | Filed: Dec 6, 1989 | Docket: 543095
Cited 27 times | Published
fees from a surety under a performance bond. Section 627.428(1) provides: Upon the rendition of a judgment
Wilder v. Wright
278 So. 2d 1
Supreme Court of Florida | Filed: May 2, 1973 | Docket: 2447873
Cited 27 times | Published
fee for petitioner's attorney based upon F.S. § 627.428 F.S.A. At the trial, petitioner filed his Motion
Pepper's Steel & Alloys, Inc. v. United States
850 So. 2d 462, 28 Fla. L. Weekly Supp. 455, 2003 Fla. LEXIS 1052, 2003 WL 21354869
Supreme Court of Florida | Filed: Jun 12, 2003 | Docket: 2514046
Cited 26 times | Published
certified the following question: *464 UNDER SECTION 627.428 OF THE FLORIDA STATUTES, IS AN INSURED ENTITLED
United Auto. Ins. Co. v. Rodriguez
808 So. 2d 82, 2001 WL 1380001
Supreme Court of Florida | Filed: Nov 8, 2001 | Docket: 1474311
Cited 26 times | Published
Co., 736 So.2d 1151, 1155 (Fla.1999). [4] Section 627.428(1), Fla. Stat. (1997), provides: (1) Upon
L. Ross, Inc. v. RW Roberts Const. Co.
481 So. 2d 484, 11 Fla. L. Weekly 31
Supreme Court of Florida | Filed: Jan 16, 1986 | Docket: 1332826
Cited 26 times | Published
were stated by the district court as follows: Section 627.428 (formerly section 627.0127), Florida Statutes
Zinke-Smith, Inc. v. FLA. INSURANCE GUAR. ASS'N, INC.
304 So. 2d 507
District Court of Appeal of Florida | Filed: Dec 13, 1974 | Docket: 1437907
Cited 26 times | Published
complaint had also sought attorney's fees under Section 627.428(1), F.S.[3] At the same time appellee filed
L. ROSS v. RW Roberts Const. Co.
466 So. 2d 1096, 10 Fla. L. Weekly 285, 1985 Fla. App. LEXIS 12171
District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 438334
Cited 25 times | Published
recoverable by statute in certain actions.[1] Section 627.428 (formerly section 627.0127), Florida Statutes
Tristar Lodging, Inc. v. Arch Speciality Insurance
434 F. Supp. 2d 1286, 2006 U.S. Dist. LEXIS 45052, 2006 WL 1528792
District Court, M.D. Florida | Filed: Jul 3, 2006 | Docket: 2300468
Cited 24 times | Published
demanded attorney's fees pursuant to Fla. Stat. § 627.428. Id. Arch sought a status conference and asked
Prime Insurance Syndicate, Inc. v. B.J. Handley Trucking, Inc.
363 F.3d 1089, 2004 U.S. App. LEXIS 5504, 2004 WL 575102
Court of Appeals for the Eleventh Circuit | Filed: Mar 24, 2004 | Docket: 212021
Cited 24 times | Published
First, the appellants argue that Fla. Stat. § 627.428 specifically provides for attorneys’ fees when
Nationwide Mut. Fire Ins. Co. v. Pinnacle Med., Inc.
753 So. 2d 55, 2000 WL 123791
Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 1729070
Cited 24 times | Published
while allowing insureds to recover fees under section 627.428(1), Florida Statutes (1995). The district court
Marr Investments, Inc. v. Greco
621 So. 2d 447, 1993 WL 46127
District Court of Appeal of Florida | Filed: May 19, 1993 | Docket: 1677715
Cited 23 times | Published
an allowance of attorney's fees pursuant to section 627.428, Florida Statutes (1991), "if appellant should
Phoenix Insurance Company v. Helton
298 So. 2d 177, 1974 Fla. App. LEXIS 8858
District Court of Appeal of Florida | Filed: Jul 18, 1974 | Docket: 2517844
Cited 23 times | Published
the award of attorney's fees is Florida Statute § 627.428, F.S.A., the material portion of which is as follows:
White v. Steak and Ale of Florida, Inc.
816 So. 2d 546, 2002 WL 571649
Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 1565600
Cited 22 times | Published
accruing on or before October 1, 1990, and Section 627.428, Florida Statutes (1997), which applies in
White v. Steak and Ale of Florida, Inc.
816 So. 2d 546, 2002 WL 571649
Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 1565600
Cited 22 times | Published
accruing on or before October 1, 1990, and Section 627.428, Florida Statutes (1997), which applies in
Kel Homes, LLC v. Burris
933 So. 2d 699, 2006 WL 2033904
District Court of Appeal of Florida | Filed: Jul 21, 2006 | Docket: 1712185
Cited 21 times | Published
attorney's fees against the surety pursuant to section 627.428, Florida Statutes (1987), which allows for
Nichols v. State Farm Mut.
851 So. 2d 742, 2003 Fla. App. LEXIS 8794, 2003 WL 21359343
District Court of Appeal of Florida | Filed: Jun 13, 2003 | Docket: 1691422
Cited 21 times | Published
the provision for fees to the insured under section 627.428 by explaining: An objective of Florida's Motor
Dependable Life Ins. Co. v. Harris
510 So. 2d 985, 12 Fla. L. Weekly 1661
District Court of Appeal of Florida | Filed: Jul 9, 1987 | Docket: 1591871
Cited 21 times | Published
award of attorney's fees to Harris pursuant to section 627.428(1). We affirm the judgment, but reverse the
General Acc. Fire & Life v. American Cas. Co.
390 So. 2d 761, 1980 Fla. App. LEXIS 18146
District Court of Appeal of Florida | Filed: Nov 18, 1980 | Docket: 2516908
Cited 21 times | Published
of attorneys' fees to the excess carrier. Section 627.428(1), Florida Statutes (1973), permits an award
Cronin v. Washington National Insurance
980 F.2d 663
Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1993 | Docket: 66279396
Cited 20 times | Published
in the amount of $60,900 pursuant to Fla.Stat. § 627.428, which provides for an award of attorney’s fees
Firearms Import & Export Corp. v. United Capitol Insurance (In Re Firearms Import & Export Corp.)
131 B.R. 1009, 25 Collier Bankr. Cas. 2d 1037, 1991 Bankr. LEXIS 1351
United States Bankruptcy Court, S.D. Florida. | Filed: Sep 23, 1991 | Docket: 1171284
Cited 20 times | Published
for attorneys' fees pursuant to Florida Statute § 627.428. This statute provides that: (1) Upon the rendition
Firearms Import & Export Corp. v. United Capitol Insurance (In Re Firearms Import & Export Corp.)
131 B.R. 1009, 25 Collier Bankr. Cas. 2d 1037, 1991 Bankr. LEXIS 1351
United States Bankruptcy Court, S.D. Florida. | Filed: Sep 23, 1991 | Docket: 1171284
Cited 20 times | Published
for attorneys' fees pursuant to Florida Statute § 627.428. This statute provides that: (1) Upon the rendition
GOVERNMENT EMPLOYEES INS. v. Gonzalez
512 So. 2d 269, 12 Fla. L. Weekly 2111, 1987 Fla. App. LEXIS 10086
District Court of Appeal of Florida | Filed: Sep 1, 1987 | Docket: 1517335
Cited 20 times | Published
below. Under the controlling provisions of section 627.428(1), Florida Statutes (1983),[2] an insurer
State Farm Mut. Auto. Ins. Co. v. Universal Atlas Cement Co.
406 So. 2d 1184
District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 450084
Cited 20 times | Published
claiming coverage through assignment under Section 627.428(1), Florida Statutes. Roberts v. Carter, 350
American Home Assur. Co. v. City of Opa Locka
368 So. 2d 416
District Court of Appeal of Florida | Filed: Mar 6, 1979 | Docket: 1388819
Cited 20 times | Published
unauthorized. The asserted basis for the award, Section 627.428(1), Florida Statutes (1975), does not apply
Rados v. Rados
791 So. 2d 1130, 2001 WL 331984
District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1655865
Cited 19 times | Published
must establish a right to insurance benefits. § 627.428, Fla.Stat. (2000). [3] See also § 742.031(1)
Insurance Co. of N. Am. v. ACOUSTI ENG. CO.
579 So. 2d 77
Supreme Court of Florida | Filed: May 2, 1991 | Docket: 235603
Cited 19 times | Published
DO THE ATTORNEY'S FEES RECOVERABLE UNDER SECTION 627.428 [AND 627.756, FLORIDA STATUTES (1987)] INCLUDE
State Farm Fire & Cas. Co. v. Palma
555 So. 2d 836, 15 Fla. L. Weekly Supp. 29, 1990 Fla. LEXIS 153, 1990 WL 3849
Supreme Court of Florida | Filed: Jan 11, 1990 | Docket: 1396170
Cited 19 times | Published
on attorney's fees. Under the authority of section 627.428(1), Florida Statutes (1983),[2] it applied
Williams v. Brochu
578 So. 2d 491, 1991 WL 61807
District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 440446
Cited 18 times | Published
to recover from the defendant insurer under section 627.428, Florida Statutes. Because the plaintiff's
Makar v. Investors Real Estate Management, Inc.
553 So. 2d 298, 1989 WL 145725
District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 1259226
Cited 18 times | Published
Sections 768.79 and 45.061 are comparable to Section 627.428(1), Florida Statutes (1979), which requires
Government Employees Ins. Co. v. Battaglia
503 So. 2d 358, 12 Fla. L. Weekly 456, 1987 Fla. App. LEXIS 11921
District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1453919
Cited 18 times | Published
his uninsured motorist carrier, pursuant to section 627.428, Florida Statutes (1983). That statute provides
LaFerney v. SCOTT SMITH OLDSMOBILE
410 So. 2d 534, 1982 Fla. App. LEXIS 19112
District Court of Appeal of Florida | Filed: Feb 3, 1982 | Docket: 1246435
Cited 18 times | Published
as opposed to the "liability" issue under section 627.428, and reversed and remanded the award for failure
Government Employees Ins. Co. v. Graff
327 So. 2d 88
District Court of Appeal of Florida | Filed: Jan 29, 1976 | Docket: 237358
Cited 18 times | Published
insurance within the meaning and application of § 627.428(1), F.S. 1973 GEICO having long ago paid the
Sunbeam Enterprises, Inc. v. Upthegrove
316 So. 2d 34, 1975 Fla. LEXIS 3619
Supreme Court of Florida | Filed: Jul 16, 1975 | Docket: 421760
Cited 18 times | Published
prevailing party on appeal, as distinguished from Section 627.428 applying to suits against insurance companies
Dunmore v. Interstate Fire Ins. Co.
301 So. 2d 502
District Court of Appeal of Florida | Filed: Oct 3, 1974 | Docket: 1700813
Cited 18 times | Published
the insurer, the provisions of § 627.428 shall apply." Section 627.428 provides that upon the rendition
Lewis v. Universal Property & Casualty Insurance
13 So. 3d 1079, 2009 Fla. App. LEXIS 6902, 2009 WL 1531790
District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 60237564
Cited 17 times | Published
Insurance Company (Universal), pursuant to section 627.428, Florida Statutes (2008). In short, the insureds
Basik Exports & Imports v. NATIONAL INS.
911 So. 2d 291, 2005 Fla. App. LEXIS 15785, 2005 WL 2439225
District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1751802
Cited 17 times | Published
judgment," entitling it to attorney's fees under section 627.428, Florida Statutes (2004). The insurer posits
US Fidelity & Guaranty Co. v. STATE FARM MUT. AUTO. INS.
369 So. 2d 410
District Court of Appeal of Florida | Filed: Apr 3, 1979 | Docket: 1516686
Cited 17 times | Published
and which awarded her attorney's fees under Section 627.428(1), Florida Statutes (1975). We affirm. The
ARKWRIGHT-BOSTON MFRS., ETC. v. Dunkel
363 So. 2d 190
District Court of Appeal of Florida | Filed: Oct 17, 1978 | Docket: 1513647
Cited 17 times | Published
an award of attorney's fees, we set forth Section 627.428(1), Florida Statutes (1977), which provides
Manufacturers Life Insurance Company v. Cave
295 So. 2d 103
Supreme Court of Florida | Filed: Apr 19, 1974 | Docket: 1761905
Cited 17 times | Published
petitioner should be and is hereby reversed. Section 627.428(1), Florida Statutes, F.S.A. governing in the
Alhambra Homeowners Ass'n, Inc. v. Asad
943 So. 2d 316, 2006 WL 3613693
District Court of Appeal of Florida | Filed: Dec 13, 2006 | Docket: 202779
Cited 16 times | Published
wording of the attorney's fee statutes involved. Section 627.428(1), Florida Statutes (1995), at issue in Britamco
Travelers Indem. Ins. Co. v. MEADOWS MRI
900 So. 2d 676, 30 Fla. L. Weekly Fed. D 962
District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 463167
Cited 16 times | Published
because the trial court acted in accordance with Section 627.428(1), Florida Statutes (2003) and the prevailing
Trans Coastal Roofing Co. v. David Boland Inc.
309 F.3d 758, 2002 U.S. App. LEXIS 21228, 2002 WL 31261044
Court of Appeals for the Eleventh Circuit | Filed: Oct 10, 2002 | Docket: 397542
Cited 16 times | Published
1188 (1938). 1 Florida Statutes § 627.428 provides: Upon the rendition of a judgment
Aetna Cas. & Sur. Co. v. Langel
587 So. 2d 1370, 1991 WL 193326
District Court of Appeal of Florida | Filed: Oct 2, 1991 | Docket: 1405830
Cited 16 times | Published
delayed payment of an insurance claim, pursuant to § 627.428, Fla. Stat. 1989. Moreover, they are not "collateral
St. Paul Fire & Marine Insurance v. Marine Transportation Services Sea-Barge Group, Inc.
727 F. Supp. 1438, 1989 U.S. Dist. LEXIS 15848, 1989 WL 159961
District Court, S.D. Florida | Filed: Dec 14, 1989 | Docket: 349595
Cited 16 times | Published
AND ORDERED. NOTES [1] Pursuant to Fla.Stat. § 627.428, an insured is entitled to recover reasonable
American Fire & Indem. Co. v. Spaulding
442 So. 2d 206, 1983 Fla. LEXIS 3145
Supreme Court of Florida | Filed: Dec 8, 1983 | Docket: 972426
Cited 16 times | Published
With regard to the attorneys' fees issue, section 627.428 requires that an insured must prevail against
Trustees of Cameron-Brown v. Tavormina
385 So. 2d 728
District Court of Appeal of Florida | Filed: Jul 8, 1980 | Docket: 1337351
Cited 16 times | Published
assignee had been awarded attorney's fees under § 627.428, Fla. Stat. (1973). Although its fee agreement
STATE FARM MUT. AUTO. INS. v. Anderson
332 So. 2d 623
District Court of Appeal of Florida | Filed: Apr 23, 1976 | Docket: 1691918
Cited 16 times | Published
no reason which precludes the application of § 627.428(1) F.S. 1973 to that proceeding. The latter statute
Washington National Insurance v. Ruderman
117 So. 3d 943, 38 Fla. L. Weekly Supp. 511, 2013 WL 3333059, 2013 Fla. LEXIS 1388
Supreme Court of Florida | Filed: Jul 3, 2013 | Docket: 60232866
Cited 15 times | Published
motion for appellate attorneys’ fees under section 627.428, Florida Statutes (2012), for proceedings in
Goff v. State Farm Florida Ins. Co.
999 So. 2d 684, 2008 Fla. App. LEXIS 18606, 2008 WL 5191521
District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 408137
Cited 15 times | Published
judgment, entitling them to attorney's fees under section 627.428, Florida Statutes (2006). The Goffs also argued
Essex Ins. Co. v. Zota
985 So. 2d 1036, 33 Fla. L. Weekly Supp. 425, 2008 Fla. LEXIS 1112, 2008 WL 2520879
Supreme Court of Florida | Filed: Jun 26, 2008 | Docket: 2518508
Cited 15 times | Published
motion for attorney's fees under Florida Statute § 627.428. The district court granted that motion and entered
FIRST FLORIDIAN AUTO & HOME INS. v. Myrick
969 So. 2d 1121, 2007 Fla. App. LEXIS 17793, 2007 WL 3313311
District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1725986
Cited 15 times | Published
attorney's fees and costs to Tscharner Myrick under section 627.428, Florida Statutes (2003).[1] First Floridian
Dadeland Depot, Inc. v. St. Paul Fire & Marine Insurance
483 F.3d 1265, 2007 U.S. App. LEXIS 8384, 2007 WL 1075181
Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2007 | Docket: 213235
Cited 15 times | Published
motion for attorneys’ fees pursuant to Fla. Stat. § 627.428. 13 As St. Paul correctly notes, an
Nationwide Mut. Fire Ins. Co. v. Keen
658 So. 2d 1101, 1995 WL 421142
District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 439126
Cited 15 times | Published
insured's assignee will recover no judgment. See § 627.428, Fla. Stat. (1993). REVERSED. GUNTHER, C.J., concurs
Brookins v. Goodson
640 So. 2d 110, 19 Fla. L. Weekly Fed. D 1535
District Court of Appeal of Florida | Filed: Jul 20, 1994 | Docket: 2518026
Cited 15 times | Published
the court, Justice Ehrlich refused to read section 627.428 literally to require the rendition of a judgment:
Inacio v. State Farm Fire & Cas. Co.
550 So. 2d 92, 14 Fla. L. Weekly 2269, 1989 Fla. App. LEXIS 5457, 1989 WL 113230
District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 1718783
Cited 15 times | Published
attorney's fees incurred by the plaintiff." [2] Section 627.428(1) provides in pertinent part: Upon the rendition
Figa, Formerly the American Druggists' Insurance Company, and Ranger Insurance Company v. R.V.M.P. Corporation, D/B/A b.j.'s Seaside Restaurant
874 F.2d 1528, 13 Fed. R. Serv. 3d 1027, 1989 U.S. App. LEXIS 8453
Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1989 | Docket: 2142251
Cited 15 times | Published
attorney’s fees on appeal pursuant to Fla.Stat. § 627.428 and the Florida Rules of Appellate Procedure.
Aetna Ins. Co. v. Borrell-Bigby Elec. Co., Inc.
541 So. 2d 139, 1989 WL 29027
District Court of Appeal of Florida | Filed: Mar 29, 1989 | Docket: 1781789
Cited 15 times | Published
insurer. The trial court correctly found that section 627.428, Florida Statutes, controls this case. It provides:
PROGRESSIVE AM. INS. v. Florida Bank
452 So. 2d 42
District Court of Appeal of Florida | Filed: May 10, 1984 | Docket: 1517674
Cited 15 times | Published
of attorney's fees to the Bank pursuant to section 627.428(1), Florida Statutes (1981), was improper.
Sheridan v. Greenberg
391 So. 2d 234
District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 1173781
Cited 15 times | Published
the Florida Supreme Court held that under Section 627.428(1), Florida Statutes (1975), a part of Florida's
Fernandez v. Florida Ins. Guaranty Ass'n
383 So. 2d 974, 1980 Fla. App. LEXIS 16736
District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 457563
Cited 15 times | Published
attorneys' fees, involved another statute, Section 627.428, Florida Statutes (1979); there is no equivalent
Snead Const. Corp. v. Langerman
369 So. 2d 591
District Court of Appeal of Florida | Filed: Jul 12, 1978 | Docket: 470911
Cited 15 times | Published
entitled to "reasonable attorney's fees." Section 627.428 provides reasonable attorney's fees to an insured
Joseph Cammarata and Judy Cammarata v. State Farm Florida Insurance Company
152 So. 3d 606, 2014 Fla. App. LEXIS 13672, 2014 WL 4327948
District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150788
Cited 14 times | Published
against insurer to recover attorney’s fees under section 627.428, Florida Statutes, because the purpose of the
Moore v. State Farm Mut. Auto. Ins. Co.
916 So. 2d 871, 2005 Fla. App. LEXIS 17220, 2005 WL 2863041
District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 8921
Cited 14 times | Published
fee as determined by the court pursuant to section 627.428, Florida Statutes (1995). In opposition to
Oruga Corp. v. AT&T WIRELESS OF FLORIDA
712 So. 2d 1141, 1998 WL 299877
District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1471898
Cited 14 times | Published
omitted). In Palma, the supreme court construed section 627.428(1), Florida Statutes,[4] which authorizes attorney's
Weesner v. United Services Auto. Ass'n
711 So. 2d 1192, 1998 WL 199662
District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 1700537
Cited 14 times | Published
action for a declaratory judgment and that section 627.428, Florida Statutes, precludes attorney's fees
Howard v. Globe Life Insurance
973 F. Supp. 1412, 1996 U.S. Dist. LEXIS 21354, 1996 WL 910092
District Court, N.D. Florida | Filed: Dec 27, 1996 | Docket: 1229681
Cited 14 times | Published
judgment or decree rendered in the case. Fla. Stat. § 627.428 (1995). If the putative class prevails in this
Windward Traders, Ltd., a Cayman Islands Company, Cross-Appellee v. Fred S. James & Company of New York, Inc., and P.W. Kininmonth, Ltd., American Centennial Insurance Company, Cross-Appellant. Windward Traders, Ltd., a Cayman Islands Company v. Fred S. James & Company of New York, Inc., and P.W. Kininmonth, Ltd., American Centennial Insurance Company
855 F.2d 814, 1988 U.S. App. LEXIS 12819
Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 1988 | Docket: 618378
Cited 14 times | Published
issued for delivery or delivered in Florida.8 Section 627.428 of the Florida Insurance Code allows an insured
Hunt v. State Farm Florida Insurance Co.
112 So. 3d 547, 2013 WL 1352471, 2013 Fla. App. LEXIS 5528
District Court of Appeal of Florida | Filed: Apr 5, 2013 | Docket: 60231146
Cited 13 times | Published
Mr. Hunt attorney’s fees in February 2010. See § 627.428, Fla. Stat. (2009); Goff v. State Farm Fla. Ins
Mediplex Const. of Florida, Inc. v. Schaub
856 So. 2d 13, 2003 Fla. App. LEXIS 13193, 2003 WL 22047323
District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1298300
Cited 13 times | Published
claim for attorney fees was brought under section 627.428(1), Florida Statutes (1991). That section provided
AIU Ins. Co. v. Daidone
760 So. 2d 1110, 2000 Fla. App. LEXIS 8266, 2000 WL 873694
District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 1324647
Cited 13 times | Published
days, it had to pay attorney's fees under section 627.428, Florida Statutes. In Jones v. State Farm Mutual
Hubbel v. Aetna Cas. & Sur. Co.
758 So. 2d 94, 2000 WL 422864
Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1726178
Cited 13 times | Published
that attorney's fees should be awarded under section 627.428, Florida Statutes (1997), because this Court
Pierce v. JW CHARLES-BUSH SECURITIES
603 So. 2d 625, 1992 WL 183985
District Court of Appeal of Florida | Filed: Aug 5, 1992 | Docket: 1475532
Cited 13 times | Published
The right to attorney's fees arose under section 627.428, Florida Statutes (1991), rather than by agreement
Great SW Fire Ins. Co. v. DeWitt
458 So. 2d 398
District Court of Appeal of Florida | Filed: Nov 1, 1984 | Docket: 2517659
Cited 13 times | Published
attorney's fee to the DeWitts pursuant to Fla. Stat. § 627.428 *400 (Supp. 1982). Great Southwest then undertook
Argonaut Ins. Co. v. Maryland Cas. Co.
372 So. 2d 960
District Court of Appeal of Florida | Filed: Jun 19, 1979 | Docket: 1325663
Cited 13 times | Published
and other costs; the appellant did. Although Section 627.428(1), Florida Statutes (1971) deals with recovery
Am. Home Assur. Co. v. Keller Industries
347 So. 2d 767, 1977 Fla. App. LEXIS 16172
District Court of Appeal of Florida | Filed: Jun 21, 1977 | Docket: 366059
Cited 13 times | Published
insurer contended, inter alia, that pursuant to Section 627.428, Florida Statutes (1975), the award of attorney's
All Ways Reliable Building Maintenance, Inc. v. Moore
261 So. 2d 131, 1972 Fla. LEXIS 3779
Supreme Court of Florida | Filed: Apr 12, 1972 | Docket: 160464
Cited 13 times | Published
627.0127, Florida Statutes 1969, F.S.A. (now Section 627.428), which provides in part: "(1) Upon the rendition
Federated Nat. Ins. Co. v. Esposito
937 So. 2d 199, 2006 Fla. App. LEXIS 14018, 2006 WL 2419114
District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 1513096
Cited 12 times | Published
is subject to attorney's fees, pursuant to section 627.428, Florida Statutes (2005), if the insured initiates
Fortune Ins. Co. v. Brito
522 So. 2d 1028, 13 Fla. L. Weekly 888, 1988 Fla. App. LEXIS 1319, 1988 WL 28297
District Court of Appeal of Florida | Filed: Apr 5, 1988 | Docket: 1660910
Cited 12 times | Published
filed a motion for attorney's fees pursuant to section 627.428, Florida Statutes (1983). After a hearing the
American and Foreign Ins. Co. v. Avis Rent-A-Car System, Inc.
401 So. 2d 855, 1981 Fla. App. LEXIS 20465
District Court of Appeal of Florida | Filed: Jul 9, 1981 | Docket: 1290041
Cited 12 times | Published
against Avis. Appellant bases this claim upon Section 627.428(1), Florida Statutes (1977), which provides
Bennett v. Berges
50 So. 3d 1154, 2010 Fla. App. LEXIS 18663, 2010 WL 4961803
District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297258
Cited 11 times | Published
statutory fees may be awarded pursuant to section 627.428(1) “for litigating the issue of entitlement
Hill v. State Farm Florida Insurance Co.
35 So. 3d 956, 2010 Fla. App. LEXIS 6286, 2010 WL 1816253
District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 1645685
Cited 11 times | Published
insured may be entitled to an award fees under section 627.428, Florida Statutes (2004). See, e.g., Lewis
FIRST PROFESSIONAL INS. CO. v. McKinney
973 So. 2d 510, 2007 WL 4372744
District Court of Appeal of Florida | Filed: Dec 17, 2007 | Docket: 2516568
Cited 11 times | Published
fees and costs to Dr. McKinney pursuant to section 627.428(1), Florida Statutes (2006), upon rendition
BRASS & SINGER v. United Automobile Insurance Company
944 So. 2d 252, 31 Fla. L. Weekly Supp. 762, 2006 Fla. LEXIS 2610, 2006 WL 3229955
Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 348755
Cited 11 times | Published
pure question of law: whether the language of section 627.428, Florida Statutes (2004), authorizes an appellate
Scottsdale Ins. Co. v. DeSalvo
748 So. 2d 941, 24 Fla. L. Weekly Supp. 422, 1999 Fla. LEXIS 1555, 1999 WL 731659
Supreme Court of Florida | Filed: Sep 9, 1999 | Docket: 1504985
Cited 11 times | Published
which the district court held that, under section 627.428, Florida Statutes (1997), when an insured is
Perez v. Circuit City Stores, Inc.
721 So. 2d 409, 1998 WL 821730
District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1694693
Cited 11 times | Published
accruing on or before October 1, 1990, and Section 627.428, Florida Statutes (1997), which applies in
National Fire Ins. v. Bartolazo
27 F.3d 518, 29 Fed. R. Serv. 3d 872, 1994 U.S. App. LEXIS 19678
Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1994 | Docket: 350817
Cited 11 times | Published
award of attorney's fees and costs pursuant to Section 627.428, Florida Statutes, is reversed, and his motion
Brown v. Vermont Mut. Ins. Co.
614 So. 2d 574, 1993 WL 35252
District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 1509796
Cited 11 times | Published
for an award of attorney's fees pursuant to section 627.428, Florida Statutes, and recovery of the costs
Lloyd's U.S. Corp. v. Smallwood
719 F. Supp. 1540, 1994 A.M.C. 1431, 1989 U.S. Dist. LEXIS 9933, 1989 WL 96932
District Court, M.D. Florida | Filed: Aug 23, 1989 | Docket: 2505415
Cited 11 times | Published
the entry of judgment and pursuant to Fla.Stat. § 627.428 (1987), defendants have filed an attorneys' fees
Cooper v. Aetna Cas. & Sur. Co.
485 So. 2d 1367, 11 Fla. L. Weekly 813
District Court of Appeal of Florida | Filed: Apr 2, 1986 | Docket: 1275985
Cited 11 times | Published
filed a motion for attorney fees pursuant to section 627.428(1), Florida Statutes (1977), which provides
Gibson v. Walker
380 So. 2d 531
District Court of Appeal of Florida | Filed: Feb 27, 1980 | Docket: 1725686
Cited 11 times | Published
the insured against his insurer by virtue of § 627.428, Fla. Stat. (1977).[1] We must *533 determine
Universal Underwriters Ins. Co. v. GORGEI, ETC.
345 So. 2d 412
District Court of Appeal of Florida | Filed: May 4, 1977 | Docket: 380616
Cited 11 times | Published
fee for the insured's attorney pursuant to Section 627.428, Florida Statutes (1975). Following a hearing
Bassette v. Standard Fire Ins. Co.
803 So. 2d 744, 2001 Fla. App. LEXIS 9204, 2001 WL 754417
District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 1785202
Cited 10 times | Published
under sections 627.428(1) and 627.727(8). Section 627.428(1) provides, in part: Upon the rendition of
OAG CORP. v. Britamco Underwriters
707 So. 2d 785, 1998 WL 79089
District Court of Appeal of Florida | Filed: Jan 14, 1998 | Docket: 727654
Cited 10 times | Published
motions for attorney's fees and costs, citing Section 627.428, Florida Statutes (1997), and Florida Rule
Crooks v. ST. FARM MUT. AUTO. INS.
659 So. 2d 1266
District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1747965
Cited 10 times | Published
attorney's fees pursuant to Florida Statutes, Section 627.428. See Government Employees Ins. Co. v. Graff
FLORIDA AUTO. DEALERS INDUSTRY v. Small
592 So. 2d 1179, 1992 WL 12798
District Court of Appeal of Florida | Filed: Jan 15, 1992 | Docket: 1428470
Cited 10 times | Published
1990) (section 627.428 is inapplicable to a pooled self-insurance fund, because section 627.428(1) applies
Spiegel v. Williams
545 So. 2d 1360, 1989 WL 75288
Supreme Court of Florida | Filed: Jul 6, 1989 | Docket: 1702817
Cited 10 times | Published
Insurance Law and Practice § 4894.65 (1981); § 627.428, Fla. Stat. (1987). On the other hand, liability
Safeco Title Ins. Co. v. Reynolds
452 So. 2d 45
District Court of Appeal of Florida | Filed: May 11, 1984 | Docket: 1517691
Cited 10 times | Published
entitlement to such fees and costs pursuant to section 627.428(1), Florida Statutes (1981); we merely direct
Smith v. Standard Guar. Ins. Co.
435 So. 2d 848
District Court of Appeal of Florida | Filed: May 20, 1983 | Docket: 1328161
Cited 10 times | Published
obtain the payment of his attorney's fees under section 627.428, Florida Statutes (1981), and the Insurance
Travelers Ins. Co. v. Horton
366 So. 2d 1204, 1979 Fla. App. LEXIS 14328
District Court of Appeal of Florida | Filed: Jan 16, 1979 | Docket: 1270887
Cited 10 times | Published
Company, 114 So.2d 722 (Fla. 3d DCA 1959); Section 627.428, Florida Statutes (1977). Accordingly, for
Aetna Life Ins. Co. v. Smith
345 So. 2d 784, 1977 Fla. App. LEXIS 15468
District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 1477957
Cited 10 times | Published
award of attorney's fee, the law is clear. Section 627.428(1), Florida Statutes (1975), provides for an
Government Employees Insurance Co. v. Grounds
311 So. 2d 164, 1975 Fla. App. LEXIS 13877
District Court of Appeal of Florida | Filed: Apr 16, 1975 | Docket: 1775987
Cited 10 times | Published
attorney's fee was awarded under the authority of § 627.428, Florida Statutes, which appears in Part II of
White v. Reserve Insurance Company
299 So. 2d 661
District Court of Appeal of Florida | Filed: May 7, 1974 | Docket: 1745641
Cited 10 times | Published
motion for attorneys' fees pursuant to Florida Statute 627.428, F.S.A. That motion is granted and the
Harris v. State Farm Mutual Automobile Ins. Co.
283 So. 2d 147
District Court of Appeal of Florida | Filed: Sep 26, 1973 | Docket: 1489956
Cited 10 times | Published
[7] (Fla.App. 1969), 218 So.2d 198. [8] See, § 627.428, Fla. Stat. 1971, F.S.A. [9] By way of epilogue
USAA Casualty Insurance Co. v. Prime Care Chiropractic Centers, P.A.
93 So. 3d 345, 2012 WL 1605499, 2012 Fla. App. LEXIS 7293
District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60310548
Cited 9 times | Published
moved for attorney’s fees and costs under section 627.428, Florida Statutes (2008), seeking a multiplier
Westside EKG Associates v. Foundation Health
932 So. 2d 214, 2005 WL 1026183
District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1285378
Cited 9 times | Published
629 So.2d 830, 832 (Fla.1993) (the terms of section 627.428attorney's fees civil liabilityare an implicit
Holiday v. Nationwide Mut. Fire Ins.
864 So. 2d 1215, 2004 WL 119317
District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1425732
Cited 9 times | Published
cross-appellee, Mr. Shealey, attorneys' fees founded on section 627.428, Florida Statutes (2002), and applying a contingency
Fireman's Fund Insurance v. Tropical Shipping & Construction Co.
254 F.3d 987, 2001 A.M.C. 2474, 2001 U.S. App. LEXIS 13712
Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 2001 | Docket: 396772
Cited 9 times | Published
entitled to attorney’s fees pursuant to Fla. Stat. § 627.428, it did not make a specific fee award at that
NATIONWIDE PROPERTY & CAS. INSURANCE v. Bobinski
776 So. 2d 1047, 2001 Fla. App. LEXIS 953, 2001 WL 85524
District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 1521333
Cited 9 times | Published
attempt to qualify entitlement to fees under section 627.428(1), Florida Statutes (1997), which provides:
Aksomitas v. Maharaj
771 So. 2d 541, 2000 WL 525995
District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1338926
Cited 9 times | Published
prevailing party attorney's fees. For example, section 627.428, Florida Statutes, provides that an insured
Bankers SEC. Ins. Co. v. Brady
765 So. 2d 870, 2000 WL 1161911
District Court of Appeal of Florida | Filed: Aug 18, 2000 | Docket: 2517726
Cited 9 times | Published
awarding Brady attorney's fees. The purpose of section 627.428 is to discourage insurance companies from contesting
Baker v. United Services Auto. Ass'n
661 So. 2d 128, 1995 WL 594976
District Court of Appeal of Florida | Filed: Oct 10, 1995 | Docket: 532111
Cited 9 times | Published
filed a motion for attorney's fees pursuant to section 627.428, Florida Statutes. The right to such a fee
Lugassy v. Independent Fire Ins. Co.
636 So. 2d 1332, 19 Fla. L. Weekly Supp. 265, 1994 Fla. LEXIS 811, 1994 WL 192209
Supreme Court of Florida | Filed: May 19, 1994 | Docket: 1361889
Cited 9 times | Published
$315,879.80 in attorney's fees, as allowed by section 627.428, Florida Statutes (1989),[1] and $11,912.96
Loper v. Allstate Ins. Co.
616 So. 2d 1055, 1993 WL 96764
District Court of Appeal of Florida | Filed: Apr 5, 1993 | Docket: 1385433
Cited 9 times | Published
627.727(8) limits the fee awardable under section 627.428(1) to the issue of coverage, explaining that
State Farm Fire & Cas. Co. v. Pritcher
546 So. 2d 1060, 14 Fla. L. Weekly 847, 1989 Fla. App. LEXIS 1702, 1989 WL 30801
District Court of Appeal of Florida | Filed: Apr 4, 1989 | Docket: 2531789
Cited 9 times | Published
rights of the insured to attorney's fees under section 627.428, Florida Statutes (1987). The fees to which
State Farm Fire & Cas. Co. v. Pritcher
546 So. 2d 1060, 14 Fla. L. Weekly 847, 1989 Fla. App. LEXIS 1702, 1989 WL 30801
District Court of Appeal of Florida | Filed: Apr 4, 1989 | Docket: 2531789
Cited 9 times | Published
rights of the insured to attorney's fees under section 627.428, Florida Statutes (1987). The fees to which
Zac Smith & Co. v. Moonspinner Condo. Ass'n, Inc.
534 So. 2d 739, 1988 WL 115379
District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 1707675
Cited 9 times | Published
contrast, any insured seeking attorney fees under section 627.428 must obtain either a judgment against his insurer
Quanstrom v. Standard Guar. Ins. Co.
519 So. 2d 1135, 1988 WL 8391
District Court of Appeal of Florida | Filed: Feb 11, 1988 | Docket: 1332011
Cited 9 times | Published
the court allowed as an attorney's fee under section 627.428, Florida Statutes, rather than a percentage
Skidmore, Owings & Merrill v. VOLPE CONST., CO.
511 So. 2d 642, 12 Fla. L. Weekly 1827
District Court of Appeal of Florida | Filed: Jul 28, 1987 | Docket: 1338979
Cited 9 times | Published
Steel's entitlement to attorney's fees under section 627.428(1), Florida Statutes (1985), and should segregate
Aperm of Fla., Inc. v. Trans-Coastal Maint. Co.
505 So. 2d 459
District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 1500506
Cited 9 times | Published
insured, could claim attorney's fees under section 627.428, Florida Statutes (1983). The court took the
Aperm of Fla., Inc. v. Trans-Coastal Maint. Co.
505 So. 2d 459
District Court of Appeal of Florida | Filed: Feb 11, 1987 | Docket: 1500506
Cited 9 times | Published
insured, could claim attorney's fees under section 627.428, Florida Statutes (1983). The court took the
Efraim Rosen, Inc. v. Tavormina (In Re Armando Gerstel, Inc.)
43 B.R. 925, 40 U.C.C. Rep. Serv. (West) 643, 1984 Bankr. LEXIS 4749
United States Bankruptcy Court, S.D. Florida. | Filed: Oct 24, 1984 | Docket: 1424240
Cited 9 times | Published
faith, and statutory attorneys' fees under section 627.428, Florida Statutes. In June 1983 as trial approached
Sentry Ins. v. Brown
424 So. 2d 780
District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 1708213
Cited 9 times | Published
fees on the ground that the provisions of Section 627.428, Florida Statutes, do not apply to a declaration
Travelers Indem. Co. v. Morris
390 So. 2d 464, 1980 Fla. App. LEXIS 18133
District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 428891
Cited 9 times | Published
awarded the plaintiff attorney's fees under Section 627.428, Florida Statutes (1977). The judgment and
Parliament Ins. Co. v. That Girl in Miami, Inc.
377 So. 2d 1011
District Court of Appeal of Florida | Filed: Dec 18, 1979 | Docket: 2583756
Cited 9 times | Published
for and received attorney's fees pursuant to Section 627.428, Florida Statutes (1975), and the company appealed
UNITED SERVICES AUTO. ASS'N v. Kiibler
364 So. 2d 57
District Court of Appeal of Florida | Filed: Nov 7, 1978 | Docket: 1513867
Cited 9 times | Published
them reasonable attorneys' fees, pursuant to Section 627.428, Florida Statutes (1975), for the trial work
Blue Shield of Florida, Inc. v. Woodlief
359 So. 2d 883, 1978 Fla. App. LEXIS 16095
District Court of Appeal of Florida | Filed: May 19, 1978 | Docket: 2515163
Cited 9 times | Published
account of their attorney's appellate services. Section 627.428, Florida Statutes (1977). ERVIN and BOOTH,
Central National Ins. Co. v. Gonzalez
295 So. 2d 694
District Court of Appeal of Florida | Filed: Jun 11, 1974 | Docket: 1236550
Cited 9 times | Published
entitled to attorneys' fees under Fla. Stat. § 627.428, F.S.A. in a direct action on the issue of negligence
Petty v. Florida Insurance Guaranty Ass'n
80 So. 3d 313, 37 Fla. L. Weekly Supp. 34, 2012 Fla. LEXIS 72, 2012 WL 143605
Supreme Court of Florida | Filed: Jan 19, 2012 | Docket: 60305694
Cited 8 times | Published
Because Petty’s attorney’s fee award pursuant to section 627.428(1), Florida Statutes (2008), is not within
Progressive Exp. Ins. Co. v. Schultz
948 So. 2d 1027, 2007 WL 542702
District Court of Appeal of Florida | Filed: Feb 23, 2007 | Docket: 1753972
Cited 8 times | Published
premise that both the applicable statute, section 627.428(1), Florida Statutes (2003), and the Rules
Liberty Nat. Life Ins. Co. v. Bailey Ex Rel. Bailey
944 So. 2d 1028, 2006 WL 1667352
District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1156005
Cited 8 times | Published
totalling $60,933.50, to Nancy Bailey pursuant to section 627.428, Florida Statutes (2003). Liberty argues that
Peachtree Cas. Ins. Co. v. Walden
759 So. 2d 7, 2000 Fla. App. LEXIS 2174, 2000 WL 235124
District Court of Appeal of Florida | Filed: Mar 3, 2000 | Docket: 1421422
Cited 8 times | Published
that Walden was entitled to attorney's fees. See § 627.428(1) Fla. Stat.; Wollard v. Lloyd's and Companies
Franklin & Marbin, PA v. Mascola
711 So. 2d 46, 1998 WL 116480
District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1337865
Cited 8 times | Published
before full performance by the lawyer. [5] See § 627.428, Fla. Stat. (1995). [6] To be sure, the Lugassy
H & S CORP. v. US Fidelity & Guar. Co.
667 So. 2d 393, 1995 WL 746381
District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 160026
Cited 8 times | Published
parties contract, bond or by reason of Fla. Stat. § 627.428 and 627.756 to recover the attorneys' fees ..
Diaz v. SantaFe Healthcare, Inc.
642 So. 2d 765, 1994 Fla. App. LEXIS 5952, 1994 WL 267919
District Court of Appeal of Florida | Filed: Jun 20, 1994 | Docket: 2448540
Cited 8 times | Published
Palma, the claim for attorney fees was under section 627.428(1), Florida Statutes, which requires that in
Avila v. LATIN AM. PROP. & CAS. INS.
548 So. 2d 894
District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 1333296
Cited 8 times | Published
entitlement to attorney's fees, pursuant to section 627.428, Florida Statutes (1987). We reverse and remand
Leaf v. State Farm Mut. Auto. Ins. Co.
544 So. 2d 1049, 14 Fla. L. Weekly 1277, 1989 Fla. App. LEXIS 2928, 1989 WL 53347
District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 282534
Cited 8 times | Published
that while chapter 682 provided the remedy, section 627.428 justified the attorney's fee. We agree. Although
International Insurance v. Johns
685 F. Supp. 1230, 1988 U.S. Dist. LEXIS 4139, 1988 WL 45705
District Court, S.D. Florida | Filed: May 9, 1988 | Docket: 1495594
Cited 8 times | Published
percent. d. Attorney's fees: Under Fla.Stat.Ann. § 627.428(1) "[u]pon the rendition of a judgment or decree
Crotts v. Bankers & Shippers Ins. Co.
476 So. 2d 1357, 10 Fla. L. Weekly 2384
District Court of Appeal of Florida | Filed: Oct 16, 1985 | Docket: 1277555
Cited 8 times | Published
trial court's denial of attorney's fees under section 627.428(1), Florida Statutes (1983), in plaintiff's
Certain British Underwriters at Lloyds of London, England, Etc. v. Jet Charter Service, Inc., and Aeroservice International, Inc., Defendants
739 F.2d 534, 1984 U.S. App. LEXIS 15950
Court of Appeals for the Eleventh Circuit | Filed: Dec 13, 1984 | Docket: 803138
Cited 8 times | Published
the main action. Rather .fees awarded under section 627.428 are an integral part of the merits of the case
City of Venice v. Valente
429 So. 2d 1241
District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 1667670
Cited 8 times | Published
§ 440.34 (workers' compensation proceedings); § 627.428 (action on insurance contract); Fla. Stat. (1981)
Lumbermens Mut. Ins. Co. v. AM. ARBITRATION ASSOCIATION
398 So. 2d 469, 1981 Fla. App. LEXIS 19695
District Court of Appeal of Florida | Filed: May 6, 1981 | Docket: 2517661
Cited 8 times | Published
attorney's fees against an insurer exists in Section 627.428(1), Florida Statutes (1979), which provides:
Hernandez v. Travelers Insurance Company
331 So. 2d 329
District Court of Appeal of Florida | Filed: Apr 20, 1976 | Docket: 1287814
Cited 8 times | Published
judgment precluded an award for attorneys fees under § 627.428(1) Fla. Stat., because the amount recovered by
Hart v. Bankers Fire and Casualty Insurance Co.
320 So. 2d 485
District Court of Appeal of Florida | Filed: Mar 27, 1975 | Docket: 1733762
Cited 8 times | Published
services in the appellate court". Our reading of Section 627.428, F.S., which provides for the award of attorney's
William Joyce v. Federated National Insurance Company
228 So. 3d 1122, 2017 WL 4684352
Supreme Court of Florida | Filed: Oct 19, 2017 | Docket: 6172319
Cited 7 times | Published
case involves the calculation of fees under' section 627.428, Florida Statutes, which allows a prevailing
Sunshine State Insurance v. Davide
117 So. 3d 1142, 2013 WL 616226, 2013 Fla. App. LEXIS 2599
District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60232552
Cited 7 times | Published
the insured to attorney’s fees pursuant to section 627.428, Florida Statutes (2010). The first issue in
Schneider v. Schneider
32 So. 3d 151, 2010 Fla. App. LEXIS 2930, 2010 WL 785814
District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1662717
Cited 7 times | Published
entitlement and amount of fees awardable pursuant to section 627.428(1), Florida Statutes, to an insured who obtains
Trumbull Insurance Co. v. Wolentarski
2 So. 3d 1050, 2009 Fla. App. LEXIS 761, 2009 WL 249203
District Court of Appeal of Florida | Filed: Feb 4, 2009 | Docket: 1643786
Cited 7 times | Published
and agreed that Wolentarski was entitled to section 627.428 attorneys' fees for litigating that claim.
Nirvana Condominium Ass'n, Inc. v. QBE Ins. Corp.
589 F. Supp. 2d 1336, 2008 U.S. Dist. LEXIS 100688, 2008 WL 5169302
District Court, S.D. Florida | Filed: Dec 8, 2008 | Docket: 1482612
Cited 7 times | Published
Nirvana also seeks attorney's fees under Fla. Stat. § 627.428. QBE, however, moves to dismiss this claim because
Jerkins v. USF & G Specialty Ins. Co.
982 So. 2d 15, 2008 Fla. App. LEXIS 3652, 2008 WL 678667
District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1202997
Cited 7 times | Published
they are entitled to attorney's fees under section 627.428, Florida Statutes (2006). We agree and reverse
Essex Builders Group, Inc. v. Amerisure Insurance
429 F. Supp. 2d 1274, 2005 U.S. Dist. LEXIS 41925, 2005 WL 3981766
District Court, M.D. Florida | Filed: Sep 21, 2005 | Docket: 2355149
Cited 7 times | Published
Demand for Attorneys' Fees Under Florida Statute § 627.428 (Doc. 72); Plaintiff Essex Builders Group, Inc
O'MALLEY v. Nationwide Mut. Fire Ins. Co.
890 So. 2d 1163, 2004 Fla. App. LEXIS 19660, 2004 WL 2952850
District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 70812
Cited 7 times | Published
was entitled to *1164 attorney's fees under section 627.428, Florida Statutes (2001), after the insurer
Ajax Building Corp. v. Hartford Fire Insurance
358 F.3d 795, 2004 U.S. App. LEXIS 1160, 2004 WL 117595
Court of Appeals for the Eleventh Circuit | Filed: Jan 27, 2004 | Docket: 212961
Cited 7 times | Published
attorney’s fees to Ajax under Florida Statutes, section 627.428 on the basis that judgment was entered in favor
All Underwriters v. Mark Weisberg
222 F.3d 1309
Court of Appeals for the Eleventh Circuit | Filed: Aug 18, 2000 | Docket: 396008
Cited 7 times | Published
demanded attorney’s fees pursuant to Fla. Stat. § 627.428. The district court struck Appellants’ demand
US SEC. Ins. Co. v. Cahuasqui
760 So. 2d 1101, 2000 WL 873183
District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 419539
Cited 7 times | Published
section 768.79, Florida Statutes, conflicts with section 627.428, Florida Statute[5] (the insurance attorney's
Nichols v. Preferred Nat. Ins. Co.
704 So. 2d 1371, 22 Fla. L. Weekly Supp. 679, 1997 Fla. LEXIS 1814, 1997 WL 672918
Supreme Court of Florida | Filed: Oct 30, 1997 | Docket: 1354664
Cited 7 times | Published
against a surety on a guardianship bond under section 627.428, Florida Statutes (1995). The district court
Utica Mut. v. Pennsylvania Nat. Mut.
639 So. 2d 41, 1994 WL 135211
District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 1712734
Cited 7 times | Published
Penn National attorney's fees pursuant to section 627.428(1), Florida Statutes (1993), which provides:
US Fidelity and Guar. Co. v. Rosado
606 So. 2d 628, 1992 WL 191626
District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 133493
Cited 7 times | Published
entitled to an attorney's fee award under section 627.428, Florida Statutes (1989), for prosecuting the
Ganson v. State, Dept. of Admin.
554 So. 2d 522, 1989 WL 154851
District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 1693339
Cited 7 times | Published
the court allowed as an attorney's fee under Section 627.428, Florida Statutes, rather than a percentage
Blue Cross/Blue Shield of Florida, Inc. v. Weiner
543 So. 2d 794, 1989 WL 39551
District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 64634
Cited 7 times | Published
attorney's fees were improperly taxed under section 627.428, Florida Statutes. However, it appears that
Figa v. R.V.M.P. Corp.
681 F. Supp. 806, 1988 U.S. Dist. LEXIS 2242, 1988 WL 21877
District Court, S.D. Florida | Filed: Mar 8, 1988 | Docket: 1374036
Cited 7 times | Published
attorney's fees should be awarded here. Fla.Stat.Ann. § 627.428(1) (West 1984) authorizes the award of attorney's
State Farm Fire & Cas. Co. v. Becraft
501 So. 2d 1316, 12 Fla. L. Weekly 84
District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1527598
Cited 7 times | Published
prosecuting the suit in which the recovery is had. § 627.428(1), Fla. Stat. (1983) (emphasis added). The problem
Nunley v. Florida Farm Bureau Mut. Ins. Co.
494 So. 2d 306, 11 Fla. L. Weekly 2040
District Court of Appeal of Florida | Filed: Sep 24, 1986 | Docket: 886275
Cited 7 times | Published
consistent herewith. Appellants are entitled, under section 627.428, Florida Statutes, to reasonable attorney's
Industrial Fire & Cas. Ins. Co. v. Prygrocki
422 So. 2d 314, 1982 Fla. LEXIS 2595
Supreme Court of Florida | Filed: Nov 10, 1982 | Docket: 1479138
Cited 7 times | Published
automobile policy, may claim attorney's fees under section 627.428(1), Florida Statutes (1979), where there has
Florida Ins. Guar. Ass'n v. Gustinger
390 So. 2d 420
District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 1532311
Cited 7 times | Published
general "insurance-attorney's fee" statute, Section 627.428, Florida Statutes (1979). FIGA invokes, however
Blue Cross of Florida, Inc. v. Turner
363 So. 2d 133, 1978 Fla. App. LEXIS 16753
District Court of Appeal of Florida | Filed: Sep 1, 1978 | Docket: 1513656
Cited 7 times | Published
whether attorney's fees can be recovered under § 627.428, Fla. Stat. (1975), by a Florida resident insured
Aetna Life Ins. Co. v. Sievert
361 So. 2d 747, 1978 Fla. App. LEXIS 16479
District Court of Appeal of Florida | Filed: Jun 9, 1978 | Docket: 1288578
Cited 7 times | Published
she cannot recover an attorney's fee under Section 627.428(1), Florida Statutes (1975). Neither may she
Western World Ins. Co. v. Travelers Indem. Co.
358 So. 2d 602
District Court of Appeal of Florida | Filed: May 16, 1978 | Docket: 1311141
Cited 7 times | Published
insured nor a named insured, as contemplated by Section 627.428, Florida Statutes (1975), entitling it to a
Time Insurance Company v. Arnold
319 So. 2d 638
District Court of Appeal of Florida | Filed: Oct 10, 1975 | Docket: 444276
Cited 7 times | Published
responsible for the payment of attorneys fees under § 627.428, F.S. 1973, because it did not act in bad faith
Wilder v. Wright
269 So. 2d 434
District Court of Appeal of Florida | Filed: Nov 15, 1972 | Docket: 1385584
Cited 7 times | Published
627.0127, F.S.A., now brought forward as F.S. § 627.428, F.S.A. The factual background of the case is
Kathy Johnson v. Omega Insurance Company
200 So. 3d 1207, 41 Fla. L. Weekly Supp. 415, 2016 Fla. LEXIS 2148, 2016 WL 5477795
Supreme Court of Florida | Filed: Sep 29, 2016 | Docket: 4448478
Cited 6 times | Published
the district court incorrectly interpreted section 627.428, Florida Statutes, which provides for an award
Tampa Chiropractic Center, Inc. v. State Farm Mutual Automobile Insurance Co.
141 So. 3d 1256, 2014 WL 3375017
District Court of Appeal of Florida | Filed: Jul 7, 2014 | Docket: 453316
Cited 6 times | Published
pursuant to section 627.428, Florida Statutes (2010), is appropriate. We agree. Section 627.428 provides
Florida Insurance Guaranty Ass'n v. Bernard
140 So. 3d 1023, 2014 WL 1921745, 2014 Fla. App. LEXIS 7160
District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60241342
Cited 6 times | Published
responsible for paying attorney’s fees under section 627.428(1), Florida Statutes, because such fees were
State Farm Florida Insurance Co. v. Silber
72 So. 3d 286, 2011 Fla. App. LEXIS 16362, 2011 WL 4949815
District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60303242
Cited 6 times | Published
the amount of, attorney’s fees, pursuant to section 627.428, Florida Statutes (2009). The insureds then
Allstate Ins. Co. v. Regar
942 So. 2d 969, 2006 WL 3422192
District Court of Appeal of Florida | Filed: Nov 29, 2006 | Docket: 1737127
Cited 6 times | Published
not entitled to attorney's fees pursuant to section 627.428, Florida Statutes (2004), because she is not
Talbott v. American Isuzu Motors, Inc.
934 So. 2d 643, 2006 WL 2135880
District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 2451865
Cited 6 times | Published
514 (Fla. 2d DCA 1992), this court held that section 627.428, which mandates the assessment of attorney's
Mercury Ins. Co. of Florida v. Coatney
910 So. 2d 925, 2005 WL 2240337
District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1744554
Cited 6 times | Published
assessment of fees as to Ashley Coatney pursuant to section 627.428(1), Florida Statutes (2002), was proper, but
Liberty Mut. Ins. Co. v. Alvarez
785 So. 2d 700, 2001 WL 540000
District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1158796
Cited 6 times | Published
an order agreed to by both parties and by section 627.428, Florida Statutes (2000). See State Farm Fire
Fidelity & Deposit Co. v. FIRST STATE INS.
677 So. 2d 266, 21 Fla. L. Weekly Supp. 265, 1996 Fla. LEXIS 1011, 1996 WL 336077
Supreme Court of Florida | Filed: Jun 20, 1996 | Docket: 1266520
Cited 6 times | Published
should it ultimately prevail in this litigation. § 627.428, Fla. Stat. (1995); Roberts v. Carter, 350 So
Baker Protective Services v. FP INC.
659 So. 2d 1120, 1995 WL 421874
District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1462982
Cited 6 times | Published
"prevailing party" under Florida Statutes Section 627.428. Section 627.428 provides, in pertinent part, as follows:
Montalvo v. Travelers Indem. Co.
643 So. 2d 648, 1994 WL 531275
District Court of Appeal of Florida | Filed: Sep 30, 1994 | Docket: 1493293
Cited 6 times | Published
Montalvo is not entitled to attorneys' fees under section 627.428, Florida Statutes (1991), since Florida law
Lumbermens Mut. Cas. Co. v. Percefull
638 So. 2d 1026, 1994 WL 275835
District Court of Appeal of Florida | Filed: Jun 22, 1994 | Docket: 1652711
Cited 6 times | Published
prevailed she is entitled to a reasonable fee. § 627.428, Fla. Stat. (1991). Because we have determined
Danis Ind. v. Ground Imp. Techniques
629 So. 2d 985, 1993 WL 538928
District Court of Appeal of Florida | Filed: Dec 23, 1993 | Docket: 1677448
Cited 6 times | Published
428 and 627.756, Florida Statutes (1989). Section 627.428 provides that Upon the rendition of a judgment
Clay v. Prudential Ins. Co. of America
617 So. 2d 433, 1993 WL 130964
District Court of Appeal of Florida | Filed: Apr 28, 1993 | Docket: 149736
Cited 6 times | Published
motion for costs and attorney's fees under section 627.428, Florida Statutes (1989). The judge agreed
Carlough v. Nationwide Mut. Fire Ins. Co.
609 So. 2d 770, 1992 Fla. App. LEXIS 12416, 1992 WL 362132
District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1473861
Cited 6 times | Published
Carlough's request for attorney's fees pursuant to section 627.428, Florida Statutes (1991).[1] We reverse. In
State Farm Mut. Auto. Ins. Co. v. Cedolia
571 So. 2d 1386, 1990 Fla. App. LEXIS 9804, 1990 WL 211748
District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 1172488
Cited 6 times | Published
fees for appellee were awarded pursuant to section 627.428, Florida Statutes, which provides for such
Hudson Insurance v. American Electric Corp.
748 F. Supp. 837, 21 Envtl. L. Rep. (Envtl. Law Inst.) 20456, 32 ERC (BNA) 1278, 1990 U.S. Dist. LEXIS 13519, 1990 WL 154628
District Court, M.D. Florida | Filed: Oct 12, 1990 | Docket: 1792675
Cited 6 times | Published
attorney fees and costs pursuant to Fla.Stat. § 627.428. Simply put, the underlying action is a suit for
Sanchez v. American Ambassador Cas. Co.
559 So. 2d 344, 1990 WL 38702
District Court of Appeal of Florida | Filed: Apr 4, 1990 | Docket: 1516059
Cited 6 times | Published
motorist proven to be liable for the accident. Section 627.428(1), Florida Statutes (1987), provides: Upon
Amador v. Latin American Property & Casualty Insurance Company
552 So. 2d 1132, 14 Fla. L. Weekly 2369, 1989 Fla. App. LEXIS 5645, 1989 WL 118955
District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 2524821
Cited 6 times | Published
then settles the case after a lawsuit is filed. § 627.428(1), Fla. Stat. (1987) (upon rendition of judgment
Shores Supply Co. v. Aetna Cas. & Sur.
524 So. 2d 722, 1988 WL 44479
District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1340840
Cited 6 times | Published
attorney's fees in construction bond actions. Section 627.428 provides that upon the rendition of a judgment
First State Ins. Co. v. GEN. ELEC. CR. AUTO LEASE, INC.
518 So. 2d 927, 1987 WL 2693
District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 1777590
Cited 6 times | Published
fee order entered in favor of the insured, see § 627.428, Fla. Stat.(1985), must also be affirmed as it
Ray v. Travelers Ins. Co.
477 So. 2d 634, 10 Fla. L. Weekly 2231
District Court of Appeal of Florida | Filed: Sep 26, 1985 | Docket: 1693769
Cited 6 times | Published
to prejudgment interest. ATTORNEY'S FEES Section 627.428(1), Florida Statutes (1983) provides: Upon
Molyett v. Society Nat. Life Ins. Co.
452 So. 2d 1114, 1984 Fla. App. LEXIS 14094
District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 474459
Cited 6 times | Published
are entitled to attorney's fees pursuant to section 627.428(1), Florida Statutes (1981). That section provides
Senco of Florida, Inc. v. Continental Cas. Co.
440 So. 2d 625, 1983 Fla. App. LEXIS 24189
District Court of Appeal of Florida | Filed: Nov 16, 1983 | Docket: 1430323
Cited 6 times | Published
both the trial and appellate levels under section 627.428, Florida Statutes (1982). OTT, C.J., and HOBSON
Arnold Silverberg v. Paine, Webber, Jackson & Curtis, Inc., a Delaware Corporation, and Hubert T. Houston
724 F.2d 1456, 1983 U.S. App. LEXIS 30940
Court of Appeals for the Eleventh Circuit | Filed: Jan 31, 1983 | Docket: 780361
Cited 6 times | Published
provisions of the Florida Insurance Code, Section 627.428, which provides: “1) Upon rendition of a judgment
East Coast Ins. Co. v. Cooper
415 So. 2d 1323
District Court of Appeal of Florida | Filed: Jun 15, 1982 | Docket: 1512872
Cited 6 times | Published
had requested attorney's fees pursuant to section 627.428, Florida Statutes (1977), and, at the conclusion
Julian E. Johnson & Sons, Inc. v. Balboa Ins. Co.
408 So. 2d 1044, 1982 Fla. LEXIS 2315
Supreme Court of Florida | Filed: Jan 14, 1982 | Docket: 1449186
Cited 6 times | Published
[1] § 627.756(2) provided as follows: (2) Section 627.428 (attorney fee) shall also apply as to suits
FLORIDA ROCK, ETC. v. Continental Ins. Co.
399 So. 2d 122
District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1167947
Cited 6 times | Published
their claim for attorney's fees, made pursuant to § 627.428(1), Florida Statutes (1979).[1] We reverse. Appellants
Hartford Acc. & Indem. Co. v. Smith
366 So. 2d 456
District Court of Appeal of Florida | Filed: Dec 13, 1978 | Docket: 1475874
Cited 6 times | Published
jurisdiction to award the fees upon motion and proof. Section 627.428, Florida Statutes. As has been often stated
Hartford Acc. & Indem. Co. v. Smith
366 So. 2d 456
District Court of Appeal of Florida | Filed: Dec 13, 1978 | Docket: 1475874
Cited 6 times | Published
jurisdiction to award the fees upon motion and proof. Section 627.428, Florida Statutes. As has been often stated
Smith v. Conlon
355 So. 2d 859
District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 1360865
Cited 6 times | Published
fees in the trial court was predicated upon Section 627.428, Florida Statutes (1975), which provides that
Johnson v. Auto-Owners Insurance Co.
289 So. 2d 748, 1974 Fla. App. LEXIS 8124
District Court of Appeal of Florida | Filed: Feb 14, 1974 | Docket: 1694205
Cited 6 times | Published
reasonable attorneys' fee pursuant to Florida Statute, § 627.428(1), F.S.A. By response, appellee contends that
Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp.
261 So. 3d 613
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 64700804
Cited 5 times | Published
claim for attorney's fees and costs under section 627.428 is excess compensation which may not be recovered
State Farm Florida Insurance Company v. Lime Bay Condominium, Inc.
187 So. 3d 932, 2016 Fla. App. LEXIS 4529, 2016 WL 1128489
District Court of Appeal of Florida | Filed: Mar 23, 2016 | Docket: 3046937
Cited 5 times | Published
(“Florida’s cases have uniformly held that a section 627.428 attorney’s fee award may be appropriate where
Gilbert v. State Farm Mutual Automobile Insurance
95 F. Supp. 3d 1358, 2015 U.S. Dist. LEXIS 45494, 2015 WL 1477907
District Court, M.D. Florida | Filed: Apr 1, 2015 | Docket: 64301258
Cited 5 times | Published
pursuant to Florida Statute § 627.428. (Doc. No. 2 at ¶ 16). Section 627.428 states: Upon the rendition
Do v. Geico General Insurance Co.
137 So. 3d 1039, 2014 WL 768983, 2014 Fla. App. LEXIS 2587
District Court of Appeal of Florida | Filed: Feb 26, 2014 | Docket: 60240143
Cited 5 times | Published
entitled to attorney’s fees and costs under section 627.428, Florida Statutes (2008). Two months later
Ramirez v. United Automobile Insurance Co.
67 So. 3d 1174, 2011 Fla. App. LEXIS 12916, 2011 WL 3586137
District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 2364878
Cited 5 times | Published
non-discretionary requirements of law as required by section 627.428, Florida Statutes, we grant the petition and
Florida Insurance Guaranty Ass'n v. Smothers
65 So. 3d 541, 2011 Fla. App. LEXIS 8396, 2011 WL 2200681
District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 60301729
Cited 5 times | Published
“underlying entitlement to fees pursuant to Section 627.428, Florida Statutes.... ” Fla. Ins. Guar. Ass’n
316, Inc. v. Maryland Casualty Co.
625 F. Supp. 2d 1187, 2008 U.S. Dist. LEXIS 64269
District Court, N.D. Florida | Filed: Aug 21, 2008 | Docket: 2147395
Cited 5 times | Published
Plaintiff to sue under the general insurance statute, § 627.428 (The Insurance ContractAttorney's Fees), attorney's
Mercury Ins. Co. of Florida v. Cooper
919 So. 2d 491, 2005 Fla. App. LEXIS 18577, 2005 WL 3116164
District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 2515727
Cited 5 times | Published
Cooper ("Cooper"), attorney's fees pursuant to Section 627.428, Florida Statutes (2004). In November 2002
FAMILY CARE CENTER v. Truck Ins. Exchange
875 So. 2d 750, 2004 Fla. App. LEXIS 8383, 2004 WL 1335724
District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 2569394
Cited 5 times | Published
ultimately prevailing, which is grounded on section 627.428, Florida Statutes (2002). We deny the motion
Nationwide Mut. Ins. Co. v. Nu-Best Diagnostic Labs, Inc.
810 So. 2d 514, 2002 Fla. App. LEXIS 2752, 2002 WL 360665
District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 1654672
Cited 5 times | Published
seeks a conditional award of fees based on section 627.428, Florida Statutes, which provides for awards
Citibank Federal Sav. Bank v. Sandel
766 So. 2d 302, 2000 WL 232633
District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 1697870
Cited 5 times | Published
attorney's fees were awardable to an insured under section 627.428, Florida Statutes, that prevailing party attorney's
Delta Cas. Co. v. Pinnacle Medical, Inc.
721 So. 2d 321
District Court of Appeal of Florida | Filed: Oct 2, 1998 | Docket: 1323285
Cited 5 times | Published
for obtaining attorney's fees in place of section 627.428(1), Florida Statutes (1995) which controls
United Auto Ins. Co. v. Zulma
661 So. 2d 947, 1995 Fla. App. LEXIS 11333, 1995 WL 621353
District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1526331
Cited 5 times | Published
fees for the entire litigation period under section 627.428(1), Florida Statutes (1993).[1] Zulma prevailed
Bass v. State Farm Life Ins. Co.
649 So. 2d 924, 1995 WL 46409
District Court of Appeal of Florida | Filed: Feb 8, 1995 | Docket: 1320657
Cited 5 times | Published
for trial court attorney's fees pursuant to Section 627.428, Florida Statutes. Bass' initial motion for
Moore v. Allstate Ins. Co.
570 So. 2d 291, 15 Fla. L. Weekly Supp. 593, 1990 Fla. LEXIS 1621, 1990 WL 179074
Supreme Court of Florida | Filed: Nov 15, 1990 | Docket: 405676
Cited 5 times | Published
STATUTES (1985) LIMIT THE FEE AWARDABLE UNDER SECTION 627.428(1), FLORIDA STATUTES (1985) TO ONLY THAT PERIOD
ST. FARM MUT. AUTO. INS. CO. v. Stack
543 So. 2d 782
District Court of Appeal of Florida | Filed: Apr 4, 1989 | Docket: 1729918
Cited 5 times | Published
attorney's fees for the Stacks pursuant to section 627.428, Florida Statutes (1987). State Farm now appeals
Marriott Corp. v. Travelers Indem. Co.
473 So. 2d 281, 10 Fla. L. Weekly 1846
District Court of Appeal of Florida | Filed: Aug 1, 1985 | Docket: 451528
Cited 5 times | Published
for the trial court to award attorney fees. Section 627.428(1), Florida Statutes (1975), does not authorize
Waters v. State Farm Mut. Auto. Ins. Co.
393 So. 2d 1203
District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1372364
Cited 5 times | Published
is not entitled to an attorney's fee under section 627.428, Florida Statutes (1969). In speaking of section
Bankers & Shippers Ins. v. Aia Insulation
390 So. 2d 734
District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 1503739
Cited 5 times | Published
maximum of 12 1/2%. Said section provides: (2) Section 627.428 (attorney fee) shall also apply as to suits
Travelers Indem. Co. v. Chisholm
384 So. 2d 1360
District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 1269600
Cited 5 times | Published
Cardenas, 181 So.2d 359 (Fla. 3d DCA 1965). Section 627.428(1), Fla. Stat. (1979), provides in pertinent
Vermont Mut. Ins. Co. v. Bolding
381 So. 2d 320
District Court of Appeal of Florida | Filed: Mar 19, 1980 | Docket: 1159086
Cited 5 times | Published
whether an order awarding attorneys' fees under section 627.428(1), Florida Statutes (1979),[1] was proper
Fernandez v. Alonso
375 So. 2d 8
District Court of Appeal of Florida | Filed: Jun 26, 1979 | Docket: 1352807
Cited 5 times | Published
hold that an award of attorney's fees under Section 627.428(1) is available only to the contracting insured
Wisconsin Life Ins. Co. v. Sills
368 So. 2d 920, 1979 Fla. App. LEXIS 14268
District Court of Appeal of Florida | Filed: Mar 8, 1979 | Docket: 1723342
Cited 5 times | Published
September 16, 1977, was not premature under Section 627.428(2), Florida Statutes (1977), which disallows
Stonewall Ins. Co. v. WW GAY MECHANICAL CONT., INC.
351 So. 2d 403, 1977 Fla. App. LEXIS 16999
District Court of Appeal of Florida | Filed: Nov 8, 1977 | Docket: 1671562
Cited 5 times | Published
attorney's fees to the insured was likewise proper. Section 627.428(1), Florida Statutes (1975). We have considered
Bankers Multiple Line Ins. Co. v. Blanton
352 So. 2d 81
District Court of Appeal of Florida | Filed: Jun 17, 1977 | Docket: 1757629
Cited 5 times | Published
and the only allegedly applicable statute is Section 627.428(1), Florida Statutes (1975), which provides
Republic Nat. Life Ins. Co. v. Valdes
348 So. 2d 566, 1977 Fla. App. LEXIS 16345
District Court of Appeal of Florida | Filed: Jun 14, 1977 | Docket: 1761223
Cited 5 times | Published
attorney's fee allowed by the court pursuant to Section 627.428, Florida Statutes (1975), was so excessive
MASS. INDEM. & LIFE INS. CO. v. Schupper
301 So. 2d 789
District Court of Appeal of Florida | Filed: Sep 24, 1974 | Docket: 1338122
Cited 5 times | Published
filed a motion for attorneys' fees pursuant to § 627.428, Fla. Stat., F.S.A. On February 19, 1974 after
Peninsular Life Insurance Company v. Hanratty
281 So. 2d 609
District Court of Appeal of Florida | Filed: Aug 20, 1973 | Docket: 1261832
Cited 5 times | Published
motion for attorney's fees pursuant to Fla. Stat. § 627.428(1), F.S.A. The right to such a fee is not now
HERSHEL BRYANT and BETTY BRYANT v. GEOVERA SPECIALTY INSURANCE COMPANY
271 So. 3d 1013
District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071948
Cited 4 times | Published
confession-of-judgment doctrine involved the application of section 627.428, Florida Statutes. As a surplus lines carrier
J.P.F.D. Inv. Corp. v. United Specialty Ins. Co.
322 F. Supp. 3d 1263
District Court, M.D. Florida | Filed: Aug 1, 2018 | Docket: 64319796
Cited 4 times | Published
and award Plaintiff attorneys' fees pursuant to § 627.428. (Doc. 30, p. 18 (the "Motion") ). Magistrate
200 Leslie Condominium Ass'n v. QBE Insurance
965 F. Supp. 2d 1405, 2013 WL 4714207, 2013 U.S. Dist. LEXIS 126535
District Court, S.D. Florida | Filed: Aug 28, 2013 | Docket: 65993519
Cited 4 times | Published
award of attorney’s fees pursuant to Fla. Stat. § 627.428 as to both counts. Having thoroughly considered
Conyers v. Balboa Insurance
935 F. Supp. 2d 1312, 2013 WL 1233891, 2013 U.S. Dist. LEXIS 42340
District Court, M.D. Florida | Filed: Mar 26, 2013 | Docket: 65990071
Cited 4 times | Published
are not entitled to attorney’s fees under Section 627.428, Florida Statutes. Id. *1315II. Legal Standard
Rahabi v. Florida Insurance Guaranty Ass'n
71 So. 3d 241, 2011 Fla. App. LEXIS 16142, 2011 WL 4809048
District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60302927
Cited 4 times | Published
their attorney’s fees from FIGA pursuant to section 627.428(1), Florida Statutes (2010). That statute provides:
Oquendo v. Citizens Property Ins. Corp.
998 So. 2d 636, 2008 Fla. App. LEXIS 17859, 2008 WL 4998723
District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1701912
Cited 4 times | Published
motion for trial court attorney's fees under section 627.428, Florida Statutes (2005). We affirm. Felipe
Progressive American Ins. Co. v. Rural/Metro Corp.
994 So. 2d 1202, 2008 WL 4889128
District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 2576598
Cited 4 times | Published
RMA is not entitled to attorneys' fees under section 627.428 because it is limited to prosecution of suits
USAA Cas. Ins. Co. v. Shelton
932 So. 2d 605, 2006 Fla. App. LEXIS 10785, 2006 WL 1791708
District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1684870
Cited 4 times | Published
liability for the insured's attorney's fees under section 627.428 does not apply to a UM claim, unless there
Mercury Cas. Co. v. Flores
905 So. 2d 179, 2005 Fla. App. LEXIS 8508, 2005 WL 662631
District Court of Appeal of Florida | Filed: Jun 8, 2005 | Docket: 1711712
Cited 4 times | Published
contrast, the attorney's fees were awarded under section 627.428, Florida Statutes (2000), as modified by the
Progressive Exp. v. Physician's Injury Care
906 So. 2d 1125, 2005 WL 1250305
District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1775283
Cited 4 times | Published
involving personal injury protection. Second, section 627.428(1) specifically provides for an award of appellate
Unterlack v. Westport Ins. Co.
901 So. 2d 387, 2005 WL 1109604
District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 2515726
Cited 4 times | Published
Unterlack seeks recovery of attorney's fees under Section 627.428(1), Florida Statutes (2004), which provides:
Arango v. United Auto. Ins. Co.
901 So. 2d 320, 2005 Fla. App. LEXIS 6503, 2005 WL 1026565
District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 2515603
Cited 4 times | Published
awarded Arango attorneys' fees pursuant to section 627.428 of the Florida Statutes (2003). United Auto
Allstate Indem. Co. v. Hicks
880 So. 2d 772, 2004 WL 1413923
District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1294802
Cited 4 times | Published
court's order allowing attorney's fees under section 627.428, Florida Statutes (2003), for the time spent
Superior Ins. Co. v. Libert
776 So. 2d 360, 2001 Fla. App. LEXIS 984, 2001 WL 85545
District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 422040
Cited 4 times | Published
legal capacity at the time he filed suit. Section 627.428(1), Florida Statutes (1998) provides: Upon
Gaston v. Department of Revenue
742 So. 2d 517, 1999 WL 933755
District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1303372
Cited 4 times | Published
So.2d 830, 833 (Fla.1993) ("If the scope of section 627.428 is to be expanded to include fees for time
Allstate Ins. Co. v. Ivey
728 So. 2d 282, 1999 Fla. App. LEXIS 1358, 1999 WL 68782
District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1254330
Cited 4 times | Published
Ivey was entitled to attorney's fees under section 627.428, Florida Statutes. The county court judge made
DeSalvo v. Scottsdale Ins. Co.
705 So. 2d 694, 1998 WL 31509
District Court of Appeal of Florida | Filed: Jan 30, 1998 | Docket: 1753904
Cited 4 times | Published
fees which DeSalvo had requested pursuant to section 627.428, Florida Statutes (1995). In addition to attorney's
Zepeda v. Klein
698 So. 2d 329, 1997 WL 448524
District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 434563
Cited 4 times | Published
part of the relief provided to an insured by section 627.428(1), Florida Statutes (1983). The statute at
Wells Fargo Armored Services v. Lee
692 So. 2d 284, 1997 Fla. App. LEXIS 4415, 1997 WL 203662
District Court of Appeal of Florida | Filed: Apr 28, 1997 | Docket: 1524666
Cited 4 times | Published
interest on an attorney's fee awarded pursuant to section 627.428(1), Florida Statutes, from the date of settlement
US Fidelity and Guar. Co. v. Murray
671 So. 2d 812, 1996 WL 123164
District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 476531
Cited 4 times | Published
their liability for attorney's fees under section 627.428(1), Florida Statutes (1993). This specific
State Farm Mut. Auto. Ins. Co. v. Lynch
661 So. 2d 1227, 1995 Fla. App. LEXIS 10198, 1995 WL 566521
District Court of Appeal of Florida | Filed: Sep 27, 1995 | Docket: 532486
Cited 4 times | Published
he should be awarded attorney's fees under section 627.428, Florida Statutes (1989). The plaintiff paid
King v. National SEC. Fire and Cas. Co.
656 So. 2d 1335, 1995 WL 353442
District Court of Appeal of Florida | Filed: Jun 14, 1995 | Docket: 2552490
Cited 4 times | Published
appellant's motion for attorney's fees based on section 627.428, Florida Statutes (1993), is granted contingent
DEALERS INS. v. Centennial Cas. Co.
644 So. 2d 571, 1994 Fla. App. LEXIS 9962, 1994 WL 559631
District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 1248615
Cited 4 times | Published
basis for such an award against a surety. Section 627.428, Florida Statutes, does not apply and nothing
EMPIRE FIRE & MARINE v. Insurance Co.
638 So. 2d 102
District Court of Appeal of Florida | Filed: May 24, 1994 | Docket: 2481300
Cited 4 times | Published
against the bobtail insurer, pursuant to section 627.428, Florida Statutes. The bobtail insurer has
Odom v. Canal Ins. Co.
582 So. 2d 1203, 1991 WL 109706
District Court of Appeal of Florida | Filed: Jun 19, 1991 | Docket: 1715766
Cited 4 times | Published
attorney's fees on appeal, filed pursuant to section 627.428, Florida Statutes, is conditionally granted
Associated Elec. & Gas Ins. Servs., Ltd. v. Ranger Ins. Co.
560 So. 2d 242, 1990 Fla. App. LEXIS 948, 1990 WL 15229
District Court of Appeal of Florida | Filed: Feb 20, 1990 | Docket: 1739463
Cited 4 times | Published
asked for attorney's fees against AEGIS under section 627.428, Florida Statutes (1981).[1] Relying on this
Auto-Owners Ins. Co. v. Brockman
524 So. 2d 490, 1988 WL 40950
District Court of Appeal of Florida | Filed: May 5, 1988 | Docket: 1341158
Cited 4 times | Published
with the appeal by American Fire. Because section 627.428, Florida Statutes, provides for the award of
Tuerk v. Allstate Insurance Company
498 So. 2d 504, 11 Fla. L. Weekly 2346
District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1699796
Cited 4 times | Published
Both trial courts held hearings pursuant to section 627.428, Florida Statutes (1985), which requires a
Travelers Indem. Co. v. Hutchins
489 So. 2d 208, 11 Fla. L. Weekly 1247
District Court of Appeal of Florida | Filed: May 30, 1986 | Docket: 546276
Cited 4 times | Published
the attorney's fees which were awarded under section 627.428, Florida Statutes (1985), could not be considered
Campbell v. Prudential Ins. Co.
480 So. 2d 666, 10 Fla. L. Weekly 2634
District Court of Appeal of Florida | Filed: Nov 29, 1985 | Docket: 1220116
Cited 4 times | Published
award of reasonable attorney's fees under section 627.428(1), Florida Statutes, in view of the summary
Am. Cast Iron Pipe Co. v. FOOTE BROS.
458 So. 2d 409
District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 1452342
Cited 4 times | Published
contracts; attorney fees in case of suit. Section 627.428 (attorney fee) shall also apply as to suits
US Aviation Underwriters v. Van Houtin
453 So. 2d 475
District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 1651220
Cited 4 times | Published
to appellees (which was granted pursuant to section 627.428, Florida Statutes (1981)) must also be reversed
Prygrocki v. Industrial Fire & Cas. Ins. Co.
407 So. 2d 345, 1981 Fla. App. LEXIS 21946
District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 467505
Cited 4 times | Published
those entitled to recover attorneys fees under Section 627.428(1) Florida Statutes. We answer in the affirmative
Spaulding v. AMERICAN FIRE & INDEM CO
412 So. 2d 367
District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 1525832
Cited 4 times | Published
an attorneys' fee award, as provided for in Section 627.428,[7] is impermissible in an action brought pursuant
Lobry v. State Farm Mut. Auto. Ins. Co.
398 So. 2d 877
District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 1696575
Cited 4 times | Published
UPCHURCH, Jr. and COWART, JJ., concur. NOTES [1] § 627.428, Fla. Stat. (1979). [2] See 18A Fla.Jur. Insurance
Lobry v. State Farm Mut. Auto. Ins. Co.
398 So. 2d 877
District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 1696575
Cited 4 times | Published
UPCHURCH, Jr. and COWART, JJ., concur. NOTES [1] § 627.428, Fla. Stat. (1979). [2] See 18A Fla.Jur. Insurance
SC Ins. Co. v. Pensacola Home & Sav. Ass'n
393 So. 2d 1124
District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 1371974
Cited 4 times | Published
policy, is deemed "an insured" pursuant to Section 627.428(1), Florida Statutes, and thus is entitled
Fidelity & Deposit Co. v. USAFORM Hail Pool, Inc.
465 F. Supp. 478
District Court, M.D. Florida | Filed: Feb 1, 1979 | Docket: 1147847
Cited 4 times | Published
recoverable under the relevant statute, Fla.Stat. § 627.428(1) (1977). After this court had heard the case
Aetna Insurance Co. v. Settembrino
369 So. 2d 954
District Court of Appeal of Florida | Filed: Sep 12, 1978 | Docket: 1564914
Cited 4 times | Published
HUNDRED ($19,600.00) DOLLARS. Pursuant to Section 627.428, Florida Statutes (1975), a judgment for attorney's
Morrison Grain Co., Inc. v. Utica Mut. Ins. Co.
446 F. Supp. 415
District Court, M.D. Florida | Filed: Feb 23, 1978 | Docket: 1950671
Cited 4 times | Published
attorney's fees from Utica under the terms of Florida Statute 627.428. 9. Utica has not established its misrepresentation
Travelers Indemnity Company v. Butchikas
313 So. 2d 101, 1975 Fla. App. LEXIS 14886
District Court of Appeal of Florida | Filed: May 9, 1975 | Docket: 1508686
Cited 4 times | Published
his attorney's services on this appeal. Under § 627.428, Florida Statutes, appellee's attorney is entitled
Brown v. Lawn Enforcement Agency, Inc.
369 F. Supp. 3d 1224
District Court, N.D. Florida | Filed: Apr 3, 2019 | Docket: 64323547
Cited 3 times | Published
(Fla. 1993) (holding that for purposes of section 627.428, Florida Statutes, "statutory fees may be awarded
WILLY MICHAEL GOLDMAN and SHIRLEY GOLDMAN v. UNITED SERVICES AUTOMOBILE ASSOCIATION, INC.
244 So. 3d 310
District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366309
Cited 3 times | Published
may be entitled to an award of fees under section 627.428, Florida Statutes.” Hill v. State Farm Fla
Lincoln National Life Insurance Company v. Imperial Premium Finance Company, LLC
778 F.3d 1205, 90 Fed. R. Serv. 3d 1777, 2015 U.S. App. LEXIS 2864, 2015 WL 795593
Court of Appeals for the Eleventh Circuit | Filed: Feb 26, 2015 | Docket: 2637767
Cited 3 times | Published
inverted the award of fees under Florida Statute § 627.428, in order to “preventf] Imperial from obtaining
Guarantee Insurance Co. v. Worker's Temporary Staffing, Inc.
61 So. 3d 1233, 2011 Fla. App. LEXIS 7247, 2011 WL 1899530
District Court of Appeal of Florida | Filed: May 20, 2011 | Docket: 60300416
Cited 3 times | Published
attorney’s fees and costs to Ap-pellee, pursuant to section 627.428, Florida Statutes (2006), after Appellant voluntarily
Tierra Holdings, Ltd. v. Mercantile Bank
78 So. 3d 558, 2011 Fla. App. LEXIS 7152, 2011 WL 1879200
District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2354383
Cited 3 times | Published
party's entitlement to post-offer fees under section 627.428. See Danis Indus. Corp. v. Ground Improvement
Florida Insurance Guaranty Ass'n v. Ehrlich
82 So. 3d 849, 2011 WL 1661386, 2011 Fla. App. LEXIS 6340
District Court of Appeal of Florida | Filed: May 4, 2011 | Docket: 60306277
Cited 3 times | Published
generally entitled to reasonable attorney’s fees. § 627.428(1), Fla. Stat. (2009). Likewise, where an insurance
Ottaviano v. Nautilus Ins. Co.
717 F. Supp. 2d 1259, 2010 U.S. Dist. LEXIS 55524, 2010 WL 2293271
District Court, M.D. Florida | Filed: Jun 7, 2010 | Docket: 2405996
Cited 3 times | Published
in attorney's fees pursuant to Florida Statute § 627.428, plus statutory interest, and $1,425 in costs
Dickson v. Economy Premier Assurance Co.
36 So. 3d 789, 2010 Fla. App. LEXIS 6959, 2010 WL 1923960
District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 1119925
Cited 3 times | Published
Dickson's entitlement to attorney's fees, under section 627.428, Florida Statutes, for defending Economy's
Altamonte Springs Imaging, L.C. v. State Farm Mutual Automobile Insurance
12 So. 3d 850, 2009 Fla. App. LEXIS 8216, 2009 WL 1531610
District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1646875
Cited 3 times | Published
the United States Department of Labor." [2] § 627.428, Fla. Stat. (2007). [3] The appellant, Altamonte
Cardillo v. Qualsure Insurance Corp.
974 So. 2d 1174, 2008 Fla. App. LEXIS 2185, 2008 WL 450621
District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 64853937
Cited 3 times | Published
filed a motion for attorney’s fees pursuant to section 627.428, Florida Statutes. The question is whether
MERCURY INS. CO. OF FLORIDA v. Anatkov
929 So. 2d 624, 2006 WL 1331501
District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1422633
Cited 3 times | Published
2001): If a dispute is within the scope of section 627.428 and an insured must enforce rights under a
Stewart v. Midland Life Ins. Co.
899 So. 2d 331, 2005 Fla. App. LEXIS 2241, 2005 WL 433201
District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 755871
Cited 3 times | Published
liable for her attorney's fees pursuant to section 627.428, Florida Statutes (2001). We reverse. Stewart's
David Boland, Inc. v. Trans Coastal Roofing Co.
851 So. 2d 724, 28 Fla. L. Weekly Supp. 626, 2003 Fla. LEXIS 1172, 2003 WL 21554879
Supreme Court of Florida | Filed: Jul 11, 2003 | Docket: 1691444
Cited 3 times | Published
the Eleventh Circuit asks: DOES FLORIDA STATUTE § 627.428 AUTHORIZE RECOVERY OF ATTORNEYS' FEES IN EXCESS
Consolidated Ins. Services v. Freeman
848 So. 2d 444, 2003 WL 21504579
District Court of Appeal of Florida | Filed: Jul 2, 2003 | Docket: 1712358
Cited 3 times | Published
prosecuting the suit in which the recovery is had. § 627.428(1), Fla. Stat. (1999) (emphasis added). However
Magnetic Imaging Systems, I, Ltd. v. Prudential Prop. & Cas. Ins. Co.
847 So. 2d 987, 2003 Fla. App. LEXIS 3133, 2003 WL 1040146
District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1289915
Cited 3 times | Published
fee provision, does not change this result. Section 627.428(1), Florida Statutes (2002), provides that
Ajmechet v. United Auto. Ins. Co.
790 So. 2d 575, 2001 Fla. App. LEXIS 10302, 2001 WL 830532
District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 1411400
Cited 3 times | Published
hold the insured was entitled to fees under section 627.428, Florida Statutes (2001). See Scottsdale Ins
Bridges v. Provident Life and Accident Ins. Co.
121 F. Supp. 2d 1369, 2000 U.S. Dist. LEXIS 20075, 2000 WL 1724964
District Court, M.D. Florida | Filed: Oct 20, 2000 | Docket: 2372403
Cited 3 times | Published
claims for attorney's fees under Florida Statute § 627.428 and Plaintiff's demand for a jury trial is stricken;
McCreary v. FLA. RESIDENTIAL PROPERTY AND CASUALTY JOINT UNDERWRITING ASSOCIATION
758 So. 2d 692, 2000 Fla. App. LEXIS 1039, 1999 WL 767412
District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1404475
Cited 3 times | Published
also requested attorney's fees pursuant to section 627.428, Florida Statutes (1997). In their suit the
Chacin v. Generali Assicurazioni Generali Spa
655 So. 2d 1162, 1995 Fla. App. LEXIS 4639, 1995 WL 253963
District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 2575628
Cited 3 times | Published
plaintiff-insured's application for attorney's fees under section 627.428, Florida Statutes (1993) on the ground that
Allstate Ins. Co. v. De La Fe
647 So. 2d 965, 1994 Fla. App. LEXIS 11871, 1994 WL 682905
District Court of Appeal of Florida | Filed: Dec 7, 1994 | Docket: 437746
Cited 3 times | Published
prevailing with a recovery on the policy. See § 627.428, Fla. Stat. (1991); State Farm Mut. Auto. Ins
US SEC. Ins. Co. v. LaPour
617 So. 2d 347, 1993 WL 108112
District Court of Appeal of Florida | Filed: Apr 13, 1993 | Docket: 1512460
Cited 3 times | Published
insured then sought attorney's fees under Section 627.428, Florida Statutes (1991). See Amador v. Latin
Florida Life Ins. Co. v. Fickes
613 So. 2d 501, 1993 Fla. App. LEXIS 18, 1993 WL 2652
District Court of Appeal of Florida | Filed: Jan 8, 1993 | Docket: 454168
Cited 3 times | Published
awarded Mary Fickes attorney's fees pursuant to section 627.428, Florida Statutes (1989),[1] against Florida
Tillery v. Hull & Co., Inc.
717 F. Supp. 1481, 1988 U.S. Dist. LEXIS 16581, 1988 WL 162814
District Court, M.D. Florida | Filed: Apr 30, 1988 | Docket: 1648275
Cited 3 times | Published
reasonable attorneys' fees recoverable. Fla.Sta.Ann. § 627.428 (West 1972 and 1988 Supp.). If the parties can
Greenough v. Aetna Cas. & Sur. Co.
449 So. 2d 1001
District Court of Appeal of Florida | Filed: May 16, 1984 | Docket: 1695915
Cited 3 times | Published
Greenough's entitlement to attorney's fees under Section 627.428, Florida Statutes (1979), which authorizes
Travelers Ins. Co. v. Jones
422 So. 2d 1000
District Court of Appeal of Florida | Filed: Nov 24, 1982 | Docket: 1739931
Cited 3 times | Published
that attorneys' fees were not authorized by Section 627.428, Florida Statutes (1979). The claim for attorneys'
Aetna Ins. Co. v. Houck
411 So. 2d 936
District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 1696959
Cited 3 times | Published
anyone other than the claimant's attorney, and § 627.428, Fla. Stat., authorizing attorney's fees for insureds
Albury v. Equitable Life Assur. Soc. of US
409 So. 2d 235
District Court of Appeal of Florida | Filed: Feb 9, 1982 | Docket: 2536896
Cited 3 times | Published
as to entitle him to attorney's fees under Section 627.428(1). Further, it is evident under Section 627
Darragh v. Brock
366 So. 2d 801
District Court of Appeal of Florida | Filed: Jan 9, 1979 | Docket: 1228439
Cited 3 times | Published
justifying an award of attorney's fees under Section 627.428(1), Florida Statutes (1977). Accordingly, Brock's
Shuster v. New York Life Ins. Co.
351 So. 2d 62
District Court of Appeal of Florida | Filed: Oct 11, 1977 | Docket: 1671803
Cited 3 times | Published
Insurance Co., 168 So.2d 564 (Fla. 1st DCA 1964); Section 627.428(1), Florida Statutes (1975). Applying these
SOUTHERN AMERICAN FIRE INSURENCE v. Rinzler
324 So. 2d 133
District Court of Appeal of Florida | Filed: Dec 15, 1975 | Docket: 2544488
Cited 3 times | Published
complaint that the attorney's fee awarded pursuant to § 627.428, F.S. 1973, was excessive, no record of the evidence
Catches v. Government Employees Ins. Co.
318 So. 2d 552, 1975 Fla. App. LEXIS 15238
District Court of Appeal of Florida | Filed: Aug 25, 1975 | Docket: 356096
Cited 3 times | Published
attorney's fees pursuant to the provisions of Florida Statute 627.428(1). We do not hold that an insurer, who
Travelers Indemnity Company v. Thomas
315 So. 2d 111
District Court of Appeal of Florida | Filed: Jun 3, 1975 | Docket: 1525167
Cited 3 times | Published
filed a motion for attorney's fees pursuant to F.S. 627.428. That motion is granted. The trial court, being
Central Mut. Ins. Co. v. MICHIGAN MUT. LIABILITY CO.
285 So. 2d 684, 1973 Fla. App. LEXIS 6435
District Court of Appeal of Florida | Filed: Oct 24, 1973 | Docket: 1491263
Cited 3 times | Published
an attorney's fee in the amount of $1,500. Section 627.428(1) Fla. Stat., F.S.A. directs the trial court
Whitfield v. CENTURY INSURANCE CO. OF NEW YORK
281 So. 2d 569
District Court of Appeal of Florida | Filed: Jul 17, 1973 | Docket: 1676781
Cited 3 times | Published
granting the claimed attorney's fees is Fla. Stat. § 627.428, F.S.A. We hold that the court committed error
Gustafsson v. Aid Auto Brokers, Inc.
212 So. 3d 405, 2017 WL 362579, 2017 Fla. App. LEXIS 767
District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 60263362
Cited 2 times | Published
requested attorney’s fees against GAI under section 627.428, Florida Statutes. The parties ultimately settled
Florida Peninsula Insurance Company v. Wagner
196 So. 3d 419, 2016 WL 3065065, 2016 Fla. App. LEXIS 8262
District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3068944
Cited 2 times | Published
recover attorneys’ fees and costs pursuant to section 627.428, Florida Státutes (2013). At the outset of
Novak v. Safeco Insurance
94 F. Supp. 3d 1267, 2015 U.S. Dist. LEXIS 44798, 2015 WL 1456648
District Court, M.D. Florida | Filed: Mar 30, 2015 | Docket: 64301170
Cited 2 times | Published
for declaratory relief and all references to section 627.428 of the Florida Statutes. (Mot. Amend at 2-3)
GEICO Casualty Co. v. Barber
147 So. 3d 109, 2014 WL 3966053, 2014 Fla. App. LEXIS 12512
District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 60243074
Cited 2 times | Published
purposes of awarding attorneys fees under section 627.428, Florida Statutes, which provides that the
Advanced Chiropractic and Rehabilitation Center, Corp. v. United Automobile Insurance Co.
140 So. 3d 529, 39 Fla. L. Weekly Supp. 360, 2014 WL 2208895, 2014 Fla. LEXIS 1743
Supreme Court of Florida | Filed: May 29, 2014 | Docket: 795933
Cited 2 times | Published
a motion for attorney’s fees1 pursuant to section 627.428(1), Florida Statutes, in the district court
Do Restaurants, Inc. v. Aspen Specialty Insurance
984 F. Supp. 2d 1342, 2013 WL 6182619
District Court, S.D. Florida | Filed: Nov 26, 2013 | Docket: 65995786
Cited 2 times | Published
— estimated by Aspen to be $50,000— under Fla. Stat. 627.428. Aspen argues that these amounts should be
Axis Surplus Insurance v. Contravest Construction Co.
921 F. Supp. 2d 1338, 2012 WL 2048303, 2012 U.S. Dist. LEXIS 77489
District Court, M.D. Florida | Filed: Jun 5, 2012 | Docket: 65988552
Cited 2 times | Published
the obligation of the insurers pursuant to section 627.428, Florida Statutes to pay attorneys’ fees incurred
Kelly v. Balboa Insurance
897 F. Supp. 2d 1262, 2012 WL 4761905, 2012 U.S. Dist. LEXIS 86463
District Court, M.D. Florida | Filed: May 29, 2012 | Docket: 65985496
Cited 2 times | Published
fees under Fla. Stat. § 627.428 because Florida law holds that Section 627.428(1) does not include third-party
Hallandale Chiropractic Center v. United Automobile Insurance Co.
79 So. 3d 868, 2012 WL 280392, 2012 Fla. App. LEXIS 1332
District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 60305392
Cited 2 times | Published
appeal, and the insurer agrees that pursuant to section 627.428(1), Florida Statutes, Hallandale is entitled
FLORIDA INS. GUAR. ASS'N v. Petty
44 So. 3d 1191, 2010 WL 3766879
District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2542540
Cited 2 times | Published
obligated to pay the fee award imposed pursuant to section 627.428, Florida Statutes (2007). It further contends
State Farm Mutual Automobile Insurance Co. v. Edge Family Chiropractic, P.A.
41 So. 3d 293, 2010 Fla. App. LEXIS 9202, 35 Fla. L. Weekly Fed. D 1438
District Court of Appeal of Florida | Filed: Jun 25, 2010 | Docket: 2401449
Cited 2 times | Published
attorney's fees and costs in each case pursuant to section 627.428, Florida Statutes. Petitioner did not contest
Essex Builders Group, Inc. v. Amerisure Insurance
485 F. Supp. 2d 1302, 2007 WL 1460241, 2007 U.S. Dist. LEXIS 38773
District Court, M.D. Florida | Filed: Jan 22, 2007 | Docket: 2288236
Cited 2 times | Published
determining prevailing party status under Fla. Stat. § 627.428, an attorney's fee provision contained in Florida's
BRASS & SINGER v. United Auto. Ins. Co.
919 So. 2d 473, 2005 Fla. App. LEXIS 14833, 2005 WL 2293568
District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1678637
Cited 2 times | Published
motion for appellate attorney's fees under section 627.428, Florida Statutes (2004). The doctors had,
First Protective Ins. Co. v. Featherston
906 So. 2d 1242, 2005 WL 1761937
District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 1775690
Cited 2 times | Published
attorney's fees as a prevailing party pursuant to section 627.428, Florida Statutes (1999). In case number 2D04-3692
American Intern. Group v. Siemens Building
881 So. 2d 7, 2004 WL 1196898
District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1466244
Cited 2 times | Published
the ground that clause was in conflict with section 627.428(1) of the Florida Insurance Code,[2] that a
American Intern. Group v. Siemens Building
881 So. 2d 7, 2004 WL 1196898
District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1466244
Cited 2 times | Published
the ground that clause was in conflict with section 627.428(1) of the Florida Insurance Code,[2] that a
Bluegrass Art Cast, Inc. v. Consolidated Erection Services, Inc.
870 So. 2d 196, 2004 Fla. App. LEXIS 2939, 2004 WL 399620
District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 2585213
Cited 2 times | Published
attorney's fees in Holiday were awarded pursuant to section 627.428, Florida Statutes (2002), the same statute
Palmer v. Fortune Ins. Co.
776 So. 2d 1019, 2001 Fla. App. LEXIS 350, 2001 WL 50899
District Court of Appeal of Florida | Filed: Jan 19, 2001 | Docket: 422039
Cited 2 times | Published
bear interest at rate of 10% per year). Under section 627.428(1), Florida Statutes (1999), upon rendition
House v. Bankers Ins.
43 F. Supp. 2d 1329, 1999 U.S. Dist. LEXIS 5441, 1999 WL 221858
District Court, M.D. Florida | Filed: Mar 17, 1999 | Docket: 65970438
Cited 2 times | Published
attorney’s fees pursuant to Section 627.428 of the Florida Statutes. Section 627.428 requires a court to assess
Foodtown, Inc. Of Jacksonville v. Argonaut Insurance Company
102 F.3d 483
Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 1997 | Docket: 859477
Cited 2 times | Published
pursuant to a Florida fee-shifting statute, section 627.428, Florida Statutes.1 The district court determined
National Fire Insurance v. Bartolazo
27 F.3d 518, 1994 WL 369548
Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1994 | Docket: 64017576
Cited 2 times | Published
award of attorney’s fees and costs pursuant to Section 627.428, Florida Statutes, is reversed, and his motion
Willey v. MK Roark, Inc.
616 So. 2d 1140, 1993 WL 113318
District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 1726691
Cited 2 times | Published
was entitled to attorney's fees pursuant to section 627.428, Florida Statutes (1990), and section 627.756
Petsche v. Prudential Insurance Company of America
607 So. 2d 514, 1992 WL 332647
District Court of Appeal of Florida | Filed: Nov 13, 1992 | Docket: 1218836
Cited 2 times | Published
Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. Section 627.428, Florida Statutes (1987), which mandates the
Boyle v. Orkin Exterminating Co., Inc.
578 So. 2d 786, 16 Fla. L. Weekly 1044, 1991 Fla. App. LEXIS 3463
District Court of Appeal of Florida | Filed: Apr 17, 1991 | Docket: 440672
Cited 2 times | Published
appellant was not entitled to attorneys fees under section 627.428, Florida Statutes (1989) in their ongoing litigation
Union Cent. Life Ins. Co. v. Carlisle
566 So. 2d 1335, 1990 WL 126370
District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1529219
Cited 2 times | Published
not be held liable for attorney's fees under section 627.428, Florida Statutes (1987). Moreover, we are
Lachance v. Sagumeri
537 So. 2d 665, 1989 WL 2037
District Court of Appeal of Florida | Filed: Jan 18, 1989 | Docket: 1522559
Cited 2 times | Published
is entitled to attorney's fees pursuant to section 627.428(1), Florida Statutes (1987). We hold that such
Bankers Security Life Insurance Society v. Kane
689 F. Supp. 1164, 1988 U.S. Dist. LEXIS 9797
District Court, S.D. Florida | Filed: Jun 27, 1988 | Docket: 1459552
Cited 2 times | Published
be it contract or statute. See Fla.Stat., Section 627.428. Included with any such request should be the
Steelmet, Inc. v. Caribe Towing Corp.
842 F.2d 1237, 1988 U.S. App. LEXIS 5055, 1988 WL 24811
Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 1988 | Docket: 66234046
Cited 2 times | Published
attorney’s fees on appeal pursuant to Fla.Stat.Ann. § 627.428. This statute is applicable in federal court,
Magnum Marine Corp. v. Great American Insurance
640 F. Supp. 1142, 1986 U.S. Dist. LEXIS 21886
District Court, S.D. Florida | Filed: Aug 4, 1986 | Docket: 1011986
Cited 2 times | Published
awarded reasonable attorneys' fees under Fla.Stat. § 627.428. In accordance with the Pre-Trial Stipulation
Santiagoherrera v. Stout
470 So. 2d 718
District Court of Appeal of Florida | Filed: Jun 10, 1985 | Docket: 1676661
Cited 2 times | Published
FEES, filed August 27, 1984, is denied. See Section 627.428, Florida Statutes (1983); Gutman v. American
Florida Farm Bureau Mut. Ins. Co. v. Quinones
409 So. 2d 97, 1982 Fla. App. LEXIS 19049
District Court of Appeal of Florida | Filed: Jan 19, 1982 | Docket: 237884
Cited 2 times | Published
fee award in his favor. We hold that: (1) Section 627.428(1), Florida Statutes (1977), authorizes such
Earnest v. Southeastern Fidelity Ins. Co.
407 So. 2d 995
District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 1515350
Cited 2 times | Published
entitlement to attorney's fees arises under section 627.428(1), Florida Statutes (1979).[1] The question
Financial Indem. Co. v. Steele & Sons, Inc.
403 So. 2d 600
District Court of Appeal of Florida | Filed: Sep 16, 1981 | Docket: 1250796
Cited 2 times | Published
include a sum for attorney's fees. We disagree. Section 627.428, Florida Statutes (1979) provides in part:
Rodriguez v. Travelers Ins. Co.
367 So. 2d 687, 1979 Fla. App. LEXIS 14462
District Court of Appeal of Florida | Filed: Feb 6, 1979 | Docket: 2537627
Cited 2 times | Published
insured is entitled to an attorney's fee under § 627.428(1), Fla. Stat. (1975). Accordingly we reverse
Morris v. Connecticut General Life Ins. Co.
346 So. 2d 589
District Court of Appeal of Florida | Filed: May 17, 1977 | Docket: 1733997
Cited 2 times | Published
examined the applicable law and concluded that Section 627.428, Florida Statutes (1975), has been consistently
Criterion Insurance Company v. Gutierrez
319 So. 2d 70, 1975 Fla. App. LEXIS 15260
District Court of Appeal of Florida | Filed: Sep 23, 1975 | Docket: 444319
Cited 2 times | Published
736(8), Fla. Stat., F.S.A., in conjunction with § 627.428, Fla. Stat., F.S.A., provides for the payment
Gables Ins. Recovery, Inc. v. Citizens Prop. Ins. Corp.
261 So. 3d 613
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 64700805
Cited 1 times | Published
claim for attorney's fees and costs under section 627.428 is excess compensation which may not be recovered
Citizens Property Ins. Corp. v. Laguerre
259 So. 3d 169
District Court of Appeal of Florida | Filed: Aug 22, 2018 | Docket: 7713089
Cited 1 times | Published
Laguerre was entitled to attorney’s fees under section 627.428, Florida Statutes (2014), and on August 13
Magdalena v. Toyota Motor Corp.
253 So. 3d 24
District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6235082
Cited 1 times | Published
entitled to an award of attorney’s fees under section 627.428, Florida Statutes, which requires the “rendition
Wrubel v. Safeco Insurance Co. of Illinois
266 F. Supp. 3d 1372
District Court, S.D. Florida | Filed: Jul 20, 2017 | Docket: 64315229
Cited 1 times | Published
(including anticipated attorney’s fees under § 627.428 in calculating amount in controversy in insured’s
Sanchez v. AN Luxury Imports of Pembroke Pines, Inc.
216 So. 3d 723, 2017 WL 1364000, 2017 Fla. App. LEXIS 5057
District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 60265474
Cited 1 times | Published
and a multiplier against Safeco pursuant to section 627.428, Florida Statutes (2012). III. The Attorney’s
Pavarini Construction Co. (Se) Inc. v. Ace American Insurance
161 F. Supp. 3d 1227, 2015 WL 6555434, 2015 U.S. Dist. LEXIS 151247
District Court, S.D. Florida | Filed: Oct 30, 2015 | Docket: 64306837
Cited 1 times | Published
attorney’s fees should be awarded here. Fla.Stat.Ann. § 627.428(1), authorizes the award of attorney’s fees in
Citizens Property v. Ernesto & Rebecca Bascuas
178 So. 3d 902, 2015 Fla. App. LEXIS 15183
District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919771
Cited 1 times | Published
Statutes1 (2012). Bascuas sought fees under' section 627.428(1), Florida Statutes (2012) and costs under
Nalasco v. Buckman, Buckman & Reid, Inc.
171 So. 3d 759, 2015 Fla. App. LEXIS 10776, 2015 WL 4269635
District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 60249831
Cited 1 times | Published
context of an insurance case, pursuant to section 627.428, Florida Statutes, the supreme court held that
Citizens Property Insurance Corp., etc. v. Perdido Sun Condominium Association, Inc., etc.
164 So. 3d 663, 40 Fla. L. Weekly Supp. 265, 2015 Fla. LEXIS 1053, 2015 WL 2236719
Supreme Court of Florida | Filed: May 14, 2015 | Docket: 2656907
Cited 1 times | Published
immunity for attorney’s fees, as authorized by section 627.428, Florida Statutes. See § 627.351(6)(s)l
Lopez v. State Farm Mutual Automobile
139 So. 3d 402, 2014 WL 2116366, 2014 Fla. App. LEXIS 7709
District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241091
Cited 1 times | Published
denying a motion for attorney’s fees pursuant to section 627.428, Florida Statutes (2011) (the “Motion for Reconsideration”)
Massagee v. MGA Insurance Co.
128 So. 3d 871, 2013 WL 6508393, 2013 Fla. App. LEXIS 19769
District Court of Appeal of Florida | Filed: Dec 13, 2013 | Docket: 60237186
Cited 1 times | Published
award of appellate attorney’s fees pursuant to section 627.428 of the Florida Statutes. The circuit court
Nationwide Mutual Fire Insurance Co. v. Advanced Cooling & Heating, Inc.
126 So. 3d 385, 2013 WL 5807880, 2013 Fla. App. LEXIS 17208
District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60236428
Cited 1 times | Published
costs in the amount of $114,268.01 pursuant to section 627.428, Florida Statutes.1 This appeal followed.
Biscayne Cove Condominium Ass'n v. QBE Insurance
951 F. Supp. 2d 1292, 2013 WL 2646799, 2013 U.S. Dist. LEXIS 82604
District Court, S.D. Florida | Filed: Jun 12, 2013 | Docket: 65992107
Cited 1 times | Published
of prevailing party attorney’s fees under section 627.428, Florida Statutes, pursuant to the confession
East Coast Metal Decks, Inc. v. Boran Craig Barber Engel Construction Co.
114 So. 3d 311, 2013 WL 1979058, 2013 Fla. App. LEXIS 7804
District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231850
Cited 1 times | Published
case dealt with the proper interpretation of section 627.428(1), Florida Statutes (2004), which contained
Indiana Lumbermens Mutual Insurance Co. v. Pennsylvania Lumbermens Mutual Insurance Co.
125 So. 3d 263, 2013 WL 811583, 2013 Fla. App. LEXIS 3533
District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60235811
Cited 1 times | Published
in denying it attorney’s fees, pursuant to section 627.428, Florida Statutes (2010). We agree and reverse
Barreto v. United Services Automobile Ass'n
82 So. 3d 159, 2012 WL 716093, 2012 Fla. App. LEXIS 3731
District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2411891
Cited 1 times | Published
their motion for attorney's fees pursuant to section 627.428, Florida Statutes (2008). They argue the trial
A. Carlo Guadagno, D.C., P.A. v. United Automobile Insurance
88 So. 3d 246, 2011 WL 4949820, 2011 Fla. App. LEXIS 16504
District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308208
Cited 1 times | Published
petitioner appellate attorney’s fees, pursuant to section 627.428(1), Florida Statutes (1982), conditioned upon
De Leon v. GREAT AMERICAN ASSUR. CO.
78 So. 3d 585, 2011 Fla. App. LEXIS 16154, 2011 WL 4824135
District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 1405180
Cited 1 times | Published
from an order denying attorney’s fees under section 627.428 Florida Statutes (2008), in an action for property
Comprehensive Health Center, LLC v. United Automobile Insurance Co.
99 So. 3d 525, 2011 Fla. App. LEXIS 11364, 2011 WL 2848667
District Court of Appeal of Florida | Filed: Jul 20, 2011 | Docket: 60313058
Cited 1 times | Published
Comprehensive did not prevail in the appeal, citing section 627.428(1), Florida Statutes (2010).2 On rehearing
United Automobile Insurance Co. v. Estate of Levine ex rel. Howard
87 So. 3d 782, 2011 Fla. App. LEXIS 4325, 2011 WL 1135518
District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60308043
Cited 1 times | Published
the Levine estate to attorney’s fees under section 627.428, Florida Statutes (2010). As a result, we find
Beverly v. State Farm Florida Insurance Co.
50 So. 3d 628, 2010 Fla. App. LEXIS 16287, 2010 WL 4226548
District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 60297324
Cited 1 times | Published
They also sought at*629torney’s fees under section 627.428, Florida Statutes (2004). Summary judgment
Pineda v. State Farm Florida Insurance Co.
47 So. 3d 890, 2010 Fla. App. LEXIS 16271, 2010 WL 4226225
District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2399478
Cited 1 times | Published
of an order denying attorney’s fees under section 627.428, Florida Statutes (2009), for services rendered
TRIANON CONDOMINIUM ASS'N, INC. v. QBE Ins. Corp.
741 F. Supp. 2d 1327, 2010 U.S. Dist. LEXIS 108181, 2010 WL 3860253
District Court, S.D. Florida | Filed: Oct 1, 2010 | Docket: 2337368
Cited 1 times | Published
together with interest, attorney's fees under Section 627.428, Florida Statutes, and costs, and other such
Florida Insurance Guaranty Ass'n v. Petty
44 So. 3d 1191, 2010 Fla. App. LEXIS 14469
District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 60295548
Cited 1 times | Published
obligated to pay the fee award imposed pursuant to section 627.428, Florida Statutes (2007). It further contends
Underwood Anderson & Associates, Inc. v. Lillo's Italian Restaurant, Inc.
36 So. 3d 885, 2010 Fla. App. LEXIS 7700, 2010 WL 2219727
District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 2409639
Cited 1 times | Published
fees against Underwood Anderson pursuant to section 627.428(1), Florida Statutes (2004), having found that
St. Paul Fire & Marine Insurance v. Lago Canyon, Inc.
666 F. Supp. 2d 1341, 2009 U.S. Dist. LEXIS 93394, 2009 WL 3055219
District Court, S.D. Florida | Filed: Sep 21, 2009 | Docket: 311214
Cited 1 times | Published
filed a motion for attorney's fees pursuant to § 627.428, Florida Statutes.[2] St. Paul, meanwhile, filed
Grider-Garcia v. State Farm Mutual Automobile
14 So. 3d 1120, 2009 Fla. App. LEXIS 7451, 2009 WL 1636300
District Court of Appeal of Florida | Filed: Jun 12, 2009 | Docket: 1650758
Cited 1 times | Published
in the suit against her insurer pursuant to section 627.428, Florida Statutes. We have only located one
Essex Insurance v. Zota
607 F. Supp. 2d 1340, 2009 U.S. Dist. LEXIS 29108, 2009 WL 959917
District Court, S.D. Florida | Filed: Apr 8, 2009 | Docket: 2281562
Cited 1 times | Published
Lighthouse is entitled to coverage, whether Fla. Stat. § 627.428 applies to surplus lines insurers. Id., at 990
Pawtucket Mutual Insurance Co. v. Manganelli
3 So. 3d 421, 2009 Fla. App. LEXIS 1274, 2009 WL 383592
District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 60289172
Cited 1 times | Published
appeals the trial court’s award of attorney’s fees. § 627.428(1), Fla. Stat., states: Upon the rendition of
Mirras v. Time Insurance
578 F. Supp. 2d 1351, 2008 U.S. Dist. LEXIS 80400, 2008 WL 4369260
District Court, M.D. Florida | Filed: Sep 16, 2008 | Docket: 408324
Cited 1 times | Published
to attorney's fees pursuant to Florida Statute § 627.428. On July 10, 2008, Time filed a Notice of Removal
United Auto. Ins. Co. v. Custer Medical Center
990 So. 2d 633, 2008 Fla. App. LEXIS 13844, 2008 WL 4146365
District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1687601
Cited 1 times | Published
together with attorney fees and costs pursuant to section 627.428, Florida Statutes (2001). Section 627.736(7)
United Auto. Ins. Co. v. Perez
990 So. 2d 607, 2008 Fla. App. LEXIS 12682, 2008 WL 3916302
District Court of Appeal of Florida | Filed: Aug 27, 2008 | Docket: 2564022
Cited 1 times | Published
entitled to attorney's fees and costs pursuant to § 627.428, Fla. Stat. (2006)." The defendant argues that
FLORIDA INS. GUAR. ASS'N, INC. v. Soto
979 So. 2d 964, 2008 WL 183501
District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1714377
Cited 1 times | Published
the policy. Id. at § 627.428. The Florida Supreme Court has held that section 627.428 is an implicit part
FLORIDA INS. GUAR. ASS'N, INC. v. Soto
979 So. 2d 964, 2008 WL 183501
District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1714377
Cited 1 times | Published
the policy. Id. at § 627.428. The Florida Supreme Court has held that section 627.428 is an implicit part
Peraza v. Citizens Property Insurance
973 So. 2d 490, 2007 Fla. App. LEXIS 18546, 2007 WL 4123821
District Court of Appeal of Florida | Filed: Nov 21, 2007 | Docket: 64853683
Cited 1 times | Published
Florida Rule of Civil Procedure 1.420(d) and section 627.428, Florida Statutes (2006). We affirm in part
J.C. Gibson Plastering Co. v. XL Specialty Insurance
521 F. Supp. 2d 1326, 2007 U.S. Dist. LEXIS 74826
District Court, M.D. Florida | Filed: Oct 8, 2007 | Docket: 2379388
Cited 1 times | Published
of attorney's fees under section 627.428, Florida Statutes. Section 627.428 *1338 mandates an award of
Professional Med. Group v. United Auto.
967 So. 2d 243, 2007 WL 2428486
District Court of Appeal of Florida | Filed: Aug 29, 2007 | Docket: 1408400
Cited 1 times | Published
prosecuting the suit in which the recovery is had." § 627.428(1), Fla. Stat. (2006); See Ivey v. Allstate Ins
Ufer v. STATE AUTO INS. COMPANIES
961 So. 2d 1007, 2007 WL 1988838
District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 468652
Cited 1 times | Published
its request for attorney's fees, pursuant to section 627.428, Florida Statutes (1998). It argues the court
Dadeland Depot, Inc., Dadeland Station Associates, Ltd. v. St. Paul Fire and Marine Insurance Co., American Home Assurance Company
479 F.3d 799, 2007 U.S. App. LEXIS 4141, 2007 WL 562862
Court of Appeals for the Eleventh Circuit | Filed: Feb 26, 2007 | Docket: 752879
Cited 1 times | Published
motion for attorney’s fees pursuant to Fla. Stat. § 627.428. 13 The Florida Supreme Court conditionally
Essex Ins. Co. v. Mercedes Zota
466 F.3d 981, 2006 U.S. App. LEXIS 25255, 2006 WL 2847811
Court of Appeals for the Eleventh Circuit | Filed: Oct 6, 2006 | Docket: 398817
Cited 1 times | Published
motion for attorney’s fees under Florida Statute § 627.428. The district court granted that motion and entered
United Auto. Ins. Co. v. MIAMI MED. GROUP
935 So. 2d 41, 2006 WL 1999212
District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1671034
Cited 1 times | Published
its Motion for Attorney's Fees pursuant to section 627.428, Florida Statutes. Miami Medical Group then
Ryan Inc. Eastern v. Continental Cas. Co.
910 So. 2d 298, 2005 WL 1843251
District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 1494551
Cited 1 times | Published
Surety seek appellate attorney's fees under section 627.428, Florida Statutes (2000). The Primary Insurer
PROGRESSIVE AUTO PRO INSURANCE COMPANY v. Wynne Chiropractic, Inc.
905 So. 2d 1038, 2005 Fla. App. LEXIS 10506, 2005 WL 1584442
District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 718513
Cited 1 times | Published
granted under a fee-shifting statute such as section 627.428, Florida Statutes (2002)? PETITION DENIED;
Travelers Indem. Co. of Ill. v. Royal Oak Enterprises, Inc.
359 F. Supp. 2d 1321, 2005 U.S. Dist. LEXIS 7133, 2005 WL 627641
District Court, M.D. Florida | Filed: Mar 17, 2005 | Docket: 2337571
Cited 1 times | Published
236) for an award of attorneys' fees pursuant to § 627.428, Florida Statutes, and costs pursuant to 28 U
Southern Farm Bureau Life Ins. Co. v. Hoover
833 So. 2d 261, 2002 WL 31870191
District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1259013
Cited 1 times | Published
attorney's fees to both the plaintiff, pursuant to Section 627.428(1), Florida Statutes (2001), and the defendant
Logue v. Clarendon National Insurance
777 So. 2d 1122, 2001 Fla. App. LEXIS 824, 2001 WL 76955
District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803622
Cited 1 times | Published
fees. Under the controlling provisions of section 627.428(1), Florida Statutes (1995),1 an insurer is
Old Republic Sur. Co. v. Reischmann
713 So. 2d 434, 1998 WL 281354
District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 1732739
Cited 1 times | Published
indicates otherwise. Nichols concluded that section 627.428, Florida Statutes (1995),[2] regarding attorneys'
NEW ENGLAND MUT. LIFE v. Podhurst, Orseck
690 So. 2d 1354, 1997 WL 133875
District Court of Appeal of Florida | Filed: Mar 26, 1997 | Docket: 436444
Cited 1 times | Published
rule.[4] It should also be noted that under section 627.428, Florida Statutes, an insured who successfully
Florida Insurance Guaranty Ass'n v. Jacques
643 So. 2d 101, 1994 Fla. App. LEXIS 9553
District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 64751239
Cited 1 times | Published
assessed attorney’s fees against FIGA pursuant to section 627.428, Florida Statutes, but denied her claim for
Romero v. PROGRESSIVE SOUTHEASTERN INS.
629 So. 2d 286, 1993 Fla. App. LEXIS 12519, 1993 WL 530848
District Court of Appeal of Florida | Filed: Dec 21, 1993 | Docket: 1677160
Cited 1 times | Published
therefore entitled to attorney's fees under section 627.428, Florida Statutes (1991). The borrower purchased
Duval Asphalt Products, Inc. v. E. Vaughn Rivers, Inc.
620 So. 2d 1043, 1993 WL 196338
District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1387411
Cited 1 times | Published
428 and 627.756, Florida Statutes (1989). Section 627.428(1) provides: Upon the rendition of a judgment
Insurance Company of North America v. Lexow
980 F.2d 704, 1993 U.S. App. LEXIS 68
Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 1993 | Docket: 337754
Cited 1 times | Published
"UNDER A POLICY OR CONTRACT" IN FLORIDA STATUTES, § 627.428(1) INCLUDE SUBSEQUENT LITIGATION TO DETERMINE
Insurance Co. of North America v. Lexow
937 F.2d 569, 1991 WL 128578
Court of Appeals for the Eleventh Circuit | Filed: Aug 1, 1991 | Docket: 66265287
Cited 1 times | Published
of 12%.4 C. Attorney’s Fees Florida Statutes, § 627.428 provides attorney’s fees to an insured that obtains
State Farm Mut. Auto. Ins. Co. v. Gil
573 So. 2d 90, 1991 WL 120
District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 479002
Cited 1 times | Published
each moved for attorney's fees pursuant to section 627.428, Florida Statutes (1989). State Farm opposed
Moore v. Allstate Ins. Co.
553 So. 2d 1368, 1989 Fla. App. LEXIS 7445, 1989 WL 153634
District Court of Appeal of Florida | Filed: Dec 22, 1989 | Docket: 1259234
Cited 1 times | Published
policy proceeds were paid in November 1987. Section 627.428(1), Florida Statutes (1985) provides that:
Allstate Insurance v. M.H.
681 F. Supp. 811, 1988 U.S. Dist. LEXIS 1967, 1988 WL 22402
District Court, S.D. Florida | Filed: Mar 14, 1988 | Docket: 1373876
Cited 1 times | Published
question of insurance coverage. See Florida Statute § 627.428; and Travelers Insurance Company v. Horton, 366
William Diffin, Individually, and Betty Diffin, His Wife v. National Union Fire Insurance Company of Pittsburgh, Caryl Anthony Vaughn Gibbs
753 F.2d 978, 1985 U.S. App. LEXIS 28172
Court of Appeals for the Eleventh Circuit | Filed: Feb 22, 1985 | Docket: 488923
Cited 1 times | Published
award them attorney’s fees, pursuant to Fla.Stat. § 627.428(1), for services incurred in this appeal. That
Birmingham Fire Insurance Company of Pennsylvania v. Moss Manufacturing, Inc.
446 So. 2d 1142
District Court of Appeal of Florida | Filed: Jun 4, 1984 | Docket: 1246355
Cited 1 times | Published
Insurance Co., 399 So.2d 122 (Fla. 1st DCA 1981), section 627.428, Florida Statutes (1981). Appellee Moss Manufacturing's
Tracey v. FLORIDA INS. GUAR. ASS'N
414 So. 2d 1159
District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 433940
Cited 1 times | Published
establish the right to attorney's fees pursuant to section 627.428(1), Florida Statutes (1979). The trial court
Jennings v. Prudential Ins. Co. of America
402 So. 2d 1367
District Court of Appeal of Florida | Filed: Sep 4, 1981 | Docket: 1313100
Cited 1 times | Published
its motion for attorney's fees is denied. See § 627.428, Fla. Stat. (1979). AFFIRMED. ROBERT P. SMITH
Hartford Accident & Indemnity Co. v. Bosworth
382 So. 2d 1345, 1980 Fla. App. LEXIS 16122
District Court of Appeal of Florida | Filed: Apr 30, 1980 | Docket: 64575804
Cited 1 times | Published
an application for attorneys’ fees under section 627.428, Florida Statutes (1977) was considered. The
McDonald v. Southeastern Fidelity Ins. Co.
373 So. 2d 94, 1979 Fla. App. LEXIS 15217
District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 2451723
Cited 1 times | Published
appellant's ultimate recovery in the trial court. § 627.428, Fla. Stat. (1977); Dixie Farms, Inc. v. Hertz
Hoffman v. White
277 So. 2d 290
District Court of Appeal of Florida | Filed: May 10, 1973 | Docket: 1730502
Cited 1 times | Published
the necessity of the notice prescribed in Section 627.428(2), F.S. 1971, F.S.A. The judgment is affirmed
Confederation Life Association v. Alvarez
276 So. 2d 95, 1973 Fla. App. LEXIS 6870
District Court of Appeal of Florida | Filed: Mar 16, 1973 | Docket: 1439074
Cited 1 times | Published
permitting an award of attorney's fees (now Section 627.428, F.S. 1971, F.S.A.) does not apply to a policy
Denise Blumberg v. Security First Insurance Company
District Court of Appeal of Florida | Filed: Aug 28, 2025 | Docket: 71218545
Published
fees and costs, citing the 2021 version of section 627.428, Florida Statutes—the version of the statute
T & G Locksmith Corp. v. Granada Insurance Company
District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740026
Published
seeking prevailing party attorney’s fees under section 627.428, Florida Statutes (2022). We reverse and remand
Sfr Services, LLC, A/A/O John & Rose Zapisek v. Florida Department of Financial Services, O/B/O Avatar Property and Casualty
District Court of Appeal of Florida | Filed: May 16, 2025 | Docket: 70281990
Published
interest, costs and attorney’s fees” under section 627.428, Florida Statutes. The insurance company
Hector Gutierrez and Maria Rodriguez v. Security First Insurance Company
District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69808613
Published
attorney’s fees and costs pursuant to Florida Statute 627.428 separate from this Proposal.
Universal Property & Casualty Insurance Company v. True Builders A/A/O David Joiner and Melaney Joiner
District Court of Appeal of Florida | Filed: Dec 13, 2024 | Docket: 69464045
Published
Builders claimed this entitlement solely under section 627.428(1), Florida Statutes (2016).3 The county
United Automobile Insurance Company v. Coral Gables Chiropractic PLLC, A/A/O Johander Santa C. Hernandez
District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324291
Published
claim under section 627.736, and, pursuant to section 627.428 of the Florida Statutes (2012),4 sought attorney’s
PROGRESSIVE SELECT INSURANCE COMPANY v. HILCHEY
District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062703
Published
award of attorney's fees pursuant to section 627.428(1), Florida Statutes (2020), based upon the
7635 Mandarin Drive, LLC v. Certain Underwriters at Lloyd's London
District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 68125759
Published
may be entitled to an award of fees under Section 627.428 Florida Statutes.” Goldman v. United
SafePoint Insurance Company v. Eligio Castellanos and Isabel Siles
District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68249556
Published
attorney’s fees pursuant to then- controlling section 627.428, Florida Statutes, 2 and based on the Quanstrom
Universal Property & Casualty Insurance Company v. Yimi Elis Santos
District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444163
Published
and moved for attorneys’ fees pursuant to section 627.428, Florida Statutes (2022). They also submitted
Alice Ward Valdivieso v. Citizens Property Insurance Corporation
District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313520
Published
Insureds’ motion for attorney’s fees under section 627.428 of the Florida Statutes (2017),1 and (ii)
JOHN SULZER AND JEANETTE ROBERTS SULZER v. AMERICAN INTEGRITY INSURANCE COMPANY OF FLORIDA
District Court of Appeal of Florida | Filed: Jan 8, 2024 | Docket: 68034713
Published
property insurance policies, was governed by Section 627.428, Florida Statutes (2019). This section provided
REBECCA HUGHES v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Nov 22, 2023 | Docket: 67718527
Published
bill enacting section 627.70152 also amended section 627.428, Florida Statutes, which provided for awards
CITIZENS PROPERTY INSURANCE CORPORATION v. MARIA CRUZ
District Court of Appeal of Florida | Filed: Oct 18, 2023 | Docket: 67891982
Published
MILLER, JJ. PER CURIAM. Affirmed. See § 627.428(1), Fla. Stat. (2022) (“Upon the rendition of
Brinda Coates, etc. v. R.J. Reynolds Tobacco Company
Supreme Court of Florida | Filed: Jun 15, 2023 | Docket: 67503283
Published
respect to the contract.” (emphasis added)), and § 627.428(1), Fla. Stat. (2022) 2 (“[I]n the event of an
HERMAN COLE v. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
District Court of Appeal of Florida | Filed: May 3, 2023 | Docket: 67068638
Published
(2021). 1 Before the enactment of this statute, section 627.428(1), Florida Statutes (2020), provided for an
PROGRESSIVE SELECT INSURANCE COMPANY v. THE IMAGING CENTER OF WEST PALM BEACH, LLC a/a/o ERICA PRETE
District Court of Appeal of Florida | Filed: Mar 8, 2023 | Docket: 66970036
Published
entitled to attorney’s fees and costs under section 627.428, Florida Statutes. This appeal follows.
UNITED AUTOMOBILE INSURANCE COMPANY v. ALLIANCE SPINE & JOINT I, INC. a/a/o SHARON MCCARTNEY
District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814475
Published
awarding attorney’s fees and costs, pursuant to section 627.428, Florida Statutes (2014), to a medical services
UNITED AUTOMOBILE INSURANCE COMPANY v. XUNDA A. GIBSON, M.D., P.A. d/b/a PREMIER URGENT CARE CENTER a/a/o JEAN BAPTISTE OCHELIN
District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814474
Published
Doctor then moved for attorney’s fees based on section 627.428, Florida Statutes (2019), as well as Insurer’s
BAKER FAMILY CHIROPRACTIC, LLC A/A/O HAHN DINH vs LIBERTY MUTUAL INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Feb 6, 2023 | Docket: 68034820
Published
is entitled to attorney’s fees pursuant to section 627.428.” The case was remanded to the county court
YOSEF DEITSCH v. CERTAIN UNDERWRITERS AT LLOYDS OF LONDON
District Court of Appeal of Florida | Filed: Jan 11, 2023 | Docket: 66713618
Published
patterned after section 627.428, the confession-of-judgment doctrine applicable to section 627.428 applies equally
PEOPLE'S TRUST INSURANCE COMPANY v. ERROL A. POLANCO
District Court of Appeal of Florida | Filed: Jan 11, 2023 | Docket: 66713640
Published
for an award of attorney’s fees pursuant to section 627.428. The trial court found that the insured was
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. BEST MEDICAL TREATMENTS, INC., etc.
District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698491
Published
addressed the applicable standard of review and Section 627.428(1), Florida Statutes (2022). However, the
NCI, LLC F/K/A AUTO GLASS STORE LLC A/A/O DORA NOE vs PROGRESSIVE SELECT INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Nov 4, 2022 | Docket: 63335827
Published
provision violates the public policy behind section 627.428, Florida Statutes (2021). This statute permits
LIBERTY MUTUAL INSURANCE COMPANY v. PAN AM DIAGNOSTIC SERVICES, INC. d/b/a PAN AM DIAGNOSTIC OF ORLANDO a/a/o CLAUDINE JEAN
District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898837
Published
complaint also sought attorneys’ fees under section 627.428, Florida Statutes (2019). The Insurance
THE KIDWELL GROUP, LLC D/B/A AIR QUALITY ASSESSORS OF FLORIDA A/A/O MARIA AMADIO vs OLYMPUS INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Jul 22, 2022 | Docket: 68035332
Published
or by the previously controlling statute, section 627.428. Id. Notably, Procraft acknowledged
MARTIN E. O'BOYLE v. TOWN OF GULF STREAM
District Court of Appeal of Florida | Filed: Jun 1, 2022 | Docket: 63352047
Published
attorney’s fees may properly be awarded under section 627.428 for litigating the issue of entitlement to
CERTAIN UNDERWRITERS AT LLOYD'S LONDON v. RONIEL CANDELARIA AND AMELIA PADURA
District Court of Appeal of Florida | Filed: May 18, 2022 | Docket: 63318840
Published
for attorney’s fees and costs pursuant to section 627.428(1), Florida Statutes (2019), 1 seeking a lodestar
MENDOTA INSURANCE COMPANY vs AT HOME AUTO GLASS, LLC A/A/O SHABRIA BROWN
District Court of Appeal of Florida | Filed: May 6, 2022 | Docket: 61601888
Published
provision violates the public policy behind section 627.428, Florida Statutes (2020). That statute authorizes
MENDOTA INSURANCE COMPANY vs AT HOME AUTO GLASS, LLC A/A/O CAROLINE JACKSON
District Court of Appeal of Florida | Filed: May 6, 2022 | Docket: 68035468
Published
provision violates the public policy behind section 627.428, Florida Statutes (2020). That statute authorizes
CITIZENS PROPERTY INSURANCE CORPORATION v. OSVALDO DELGADO
District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198485
Published
subsequently awarded attorney’s fees pursuant to section 627.428, Florida Statutes. Citizens argues
WATER DAMAGE EXPRESS, LLC a/a/o JOANNE DILLARD v. FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE
District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162691
Published
its right to attorney’s fees was governed by section 627.428(1), Florida Statutes (2018), the controlling
EDITH GARRIDO v. SAFEPOINT INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62217994
Published
attorney’s fees and costs pursuant to Florida Statute 627.428, provided [she] file[s] a timely motion
GR REHAB CENTER, INC. v. GEICO GENERAL INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Dec 8, 2021 | Docket: 61601894
Published
court announced its intention to deny 1 “Section 627.428 provides that an incorrect denial of benefits
CCM Condominium Association, Inc., etc. v. Petri Positive Pest Control, Inc., etc.
Supreme Court of Florida | Filed: Sep 9, 2021 | Docket: 60372404
Published
statute must be defined—as it is under section 627.428—to include not only the plaintiff’s damages
DAWN RENE HOLDING, LLC and DAVID MATHIESEN v. WORLD JET OF DELAWARE, INC.
District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290997
Published
litigating entitlement are encompassed by [section 627.428] permitting fees.” Corominas v. Ajay Dev. Grp
NICOLAOS MALLAS v. GEORGE V. MALLAS
District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199085
Published
an award of fees for fees was proper under section 627.428, some courts have interpreted Palma as categorically
TIMOTHY LENAHAN v. SHANNON LENAHAN
District Court of Appeal of Florida | Filed: Aug 11, 2021 | Docket: 60123684
Published
entitled to statutory attorney’s fees under section 627.428 of the Florida Statutes. 11 The trial court
GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY v. AVENTURA ORTHOPEDICARE CENTER, P.A. A/A/O ZUNILDA DE LOS SANTOS
District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025612
Published
was an award of attorney’s fees pursuant to section 627.428, Florida Statutes (2016). Insurer moved
STEVEN ALBRITTON AND WANDA ALBRITTON v. STATE FARM FLORIDA INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971320
Published
LOBREE, JJ. PER CURIAM. Affirmed. See § 627.428, Fla. Stat. (2018). See also Travelers of Fla
FLORIDA PAIN & REHABILITATION OF WEST DADE v. INFINITY AUTO INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Apr 21, 2021 | Docket: 59840436
Published
entitled it to an award of attorney’s fees under section 627.428(1), Florida Statutes (2018). 1 The provider
PEOPLE'S TRUST INSURANCE COMPANY v. VINCENT FARINATO
District Court of Appeal of Florida | Filed: Apr 7, 2021 | Docket: 59800753
Published
Necessary Catalyst to Resolve the Dispute Section 627.428(1), Florida Statutes (2019), states that “[u]pon
DAVID RIVERA v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678199
Published
no-fault mileage benefits. Importantly, under section 627.428 of the Florida Insurance Code, Rivera also
FLORIDA INSURANCE GUARANTY ASSOCIATION v. YANICET REYES
District Court of Appeal of Florida | Filed: Sep 30, 2020 | Docket: 18488448
Published
entitlement to fees under section 631.70 and section 627.428, Florida Statutes (2011). According to her
SAFECO INSURANCE COMPANY OF ILLINOIS, INC. v. REBECCA L. HEIKKA
District Court of Appeal of Florida | Filed: Mar 4, 2020 | Docket: 16925817
Published
to fees under either section 627.428 or section 57.105. Regarding section 627.428, the insurer argued
FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. ADAM RUBIN
District Court of Appeal of Florida | Filed: Jan 29, 2020 | Docket: 16773992
Published
the scope of section 627.428, Florida Statutes (2010), and provides that section 627.428 shall not be
Lawrence v. Ace Am. Ins. Co.
391 F. Supp. 3d 1077
District Court, M.D. Florida | Filed: Jun 3, 2019 | Docket: 64325403
Published
seek attorneys' fees pursuant to Florida Statute § 627.428 ; and (c) USAA and Lawrence's promissory estoppel
PETRI POSITIVE PEST CONTROL, INC. v. CCM CONDOMINIUM ASSOCIATION, INC. d/b/a COUNTRY CLUB MANOR CONDOMINIUM ASSOC.
271 So. 3d 1001
District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034053
Published
421-22 (Fla. 1994), in which, considering section 627.428 regarding attorney’s fees awardable to a prevailing
Maloy v. Scottsdale Ins. Co.
376 F. Supp. 3d 1249
District Court, M.D. Florida | Filed: Mar 26, 2019 | Docket: 64324094
Published
(11th Cir. 2000) ("[W]e hold that Fla. Stat. § 627.428 is substantive law for Erie 1 purposes.") ). The
Fcci Commercial Ins. Co. v. Pulte Home Corp.
266 So. 3d 278
District Court of Appeal of Florida | Filed: Mar 18, 2019 | Docket: 64707706
Published
Appellee's motion for attorney's fees based on section 627.428, Florida Statutes, is provisionally granted
FCCI Commercial Insurance Company v. Pulte Home Corporation, a Michigan Corporation
District Court of Appeal of Florida | Filed: Mar 18, 2019 | Docket: 14731017
Published
Appellee’s motion for attorney’s fees based on section 627.428, Florida Statutes, is provisionally granted
Fcci Commercial Ins. Co. v. Pulte Home Corp.
266 So. 3d 278
District Court of Appeal of Florida | Filed: Mar 18, 2019 | Docket: 64707705
Published
Appellee's motion for attorney's fees based on section 627.428, Florida Statutes, is provisionally granted
CERTIFIED WINDSHIELD, L L C v. GEICO GENERAL INSURANCE CO.
264 So. 3d 217
District Court of Appeal of Florida | Filed: Dec 19, 2018 | Docket: 8431874
Published
its motion for attorney's fees under section 627.428, Florida Statutes (2017), in a consolidated
Zurich Am. Ins. Co. v. Southern-Owners Ins. Co.
314 F. Supp. 3d 1284
District Court, M.D. Florida | Filed: May 21, 2018 | Docket: 64319041
Published
this litigation pursuant to Florida Statute section 627.428. Id. at 22-24. SOIC views the matter very differently
Jose Anthony Hernandez & Safeco Ins. Co. of Ill. v. Heikka
240 So. 3d 33
District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 64675469
Published
775 in attorney's fees and costs pursuant to section 627.428, Florida Statutes (2017) and as a sanction
JOSE ANTHONY HERNANDEZ & SAFECO INSURANCE CO. OF ILLINOIS, etc. v. REBECCA L. HEIKKA
District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354247
Published
775 in attorney’s fees and costs pursuant to section 627.428, Florida Statutes (2017) and as a sanction
Tower Hill Signature Ins. Co. v. Javellana
238 So. 3d 372
District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240832
Published
for attorney’s fees and costs pursuant to section 627.428, Florida Statutes (2016). Tower Hill
Forthuber v. First Liberty - corrected 11/17/17
229 So. 3d 896
District Court of Appeal of Florida | Filed: Nov 17, 2017 | Docket: 6229047
Published
of his attorney’s. fee award, pursuant to section 627.428, Florida Statutes (2010), rendered in this
Allstate Fire and Casualty Ins. Co. v. Hallandale Open Mri, LLC
District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 4820268
Published
denial or dismissal of the insurer’s petition (section 627.428, Florida Statutes (2016)), should provide significant
International Fidelity Insurance Co. v. Americaribe-Moriarity JV
234 F. Supp. 3d 1242, 2017 U.S. Dist. LEXIS 125339, 2017 WL 668898
District Court, S.D. Florida | Filed: Feb 14, 2017 | Docket: 64312676
Published
1373 (Fla. 1997) (“[T]he plain language of section 627.428 states that reasonable attorney’s fees and
De La Osa v. Wells Fargo Bank, N.A.
208 So. 3d 259, 2016 Fla. App. LEXIS 18361
District Court of Appeal of Florida | Filed: Dec 14, 2016 | Docket: 4552616
Published
for attorney’s fees was brought pursuant to section 627.428(1) of the Florida Statutes, which reads, in
Explorer Insurance Co. v. Cajusma
178 So. 3d 923, 2015 WL 6757633
District Court of Appeal of Florida | Filed: Nov 6, 2016 | Docket: 60251628
Published
seeking attorney’s fees and costs pursuant to section 627.428 of the Florida Statutes. At the summary judgment
Volusia County Cattlemen's Ass'n v. Western World Insurance Co.
218 F. Supp. 3d 1343, 2016 WL 6436657, 2016 U.S. Dist. LEXIS 187435
District Court, M.D. Florida | Filed: Oct 28, 2016 | Docket: 64311234
Published
also seeks an award of attorney’s fees under section 627.428, Florida Statutes. However, under the statute
Sawgrass Mutual Insurance Co. v. Mone
201 So. 3d 182, 2016 Fla. App. LEXIS 13275
District Court of Appeal of Florida | Filed: Sep 2, 2016 | Docket: 4420399
Published
for an award of attorney’s fees pursuant to section 627.428, Florida Statutes (2011), and for court costs
Allen v. State Farm Florida Insurance Co.
209 So. 3d 11, 2016 Fla. App. LEXIS 12381
District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 4121187
Published
remand on the basis of section 627.428(1), Florida Statutes (2010). Section 627.428(1) provides as follows:
Citizens Property Insurance Corporation v. Nunez
194 So. 3d 1064, 2016 Fla. App. LEXIS 9693, 2016 WL 3450426
District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3082299
Published
insurer is not liable for attorney’s fees under section 627.428 or other statutory provisions “unless the [insured]
Companion Property & Casualty Insurance Co. v. Category 5 Management Group, LLC
189 So. 3d 905, 2016 WL 1051790
District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046132
Published
any appointed Master pursuant to Fla. Stat. Section 627.428, as supplemented by any multiplier which may
Travelers Commercial Insurance etc. v. Crystal Marie Harrington
187 So. 3d 879
District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039862
Published
“prevailing party” attorneys’ fees pursuant to section 627.428, Florida Statutes, and remanded the case to
State Farm Mutual Automobile Insurance Co. v. Pro Health Pain Relief Center, Inc.
185 So. 3d 712, 2016 Fla. App. LEXIS 2234, 2016 WL 628404
District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036704
Published
of appellate attorney’s fees/ pursuant to section 627.428(1), Florida Statutes, should have been conditioned
Bastian v. United Services Automobile Ass'n
150 F. Supp. 3d 1284, 2015 WL 8479265, 2015 U.S. Dist. LEXIS 165585
District Court, M.D. Florida | Filed: Dec 10, 2015 | Docket: 64305874
Published
judgment, and for attorney’s fees pursuant to section 627.428 of the Florida Statutes. (Id., ¶¶ 117-45.)
State Farm Florida Insurance Company v. Richard Moody, Roberta Moody and Robert Denney
180 So. 3d 1165, 2015 Fla. App. LEXIS 18405
District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019337
Published
insureds moved for attorney’s fees pursuant to section 627.428, Florida Statutes, and the trial court later
State Farm Florida Insurance Company v. Lime Bay Condominium, Inc.
District Court of Appeal of Florida | Filed: Nov 18, 2015 | Docket: 3013613
Published
(“Florida’s cases have uniformly held that a section 627.428 attorney’s fee award may be appropriate where
Bastian v. United Services Automobile Ass'n
137 F. Supp. 3d 1272, 2015 U.S. Dist. LEXIS 131321, 2015 WL 5853206
District Court, M.D. Florida | Filed: Sep 29, 2015 | Docket: 64304709
Published
judgment, and for attorney’s fees pursuant to section 627.428 of the Florida Statutes. (Id., ¶¶ 117-45.)
State Farm Florida Insurance Co. v. Alvarez
175 So. 3d 352, 2015 Fla. App. LEXIS 13767, 2015 WL 5438561
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808037
Published
moved for attorneys’ fees and costs under section 627.428, Flori *355 da Statutes (2014)
Peter Nalasco, Individually and on behalf of the Peter Nalasco IRA, Johanne Lavoie Nalasco, Individually and on behalf of the Johanne Lavoie Nalasco Ira and Loui John Nalasco v. Buckman, Buckman & Reid, Inc.
District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679192
Published
context of an insurance case, pursuant to section 627.428, Florida Statutes, the supreme court held that
Lincoln National Life Insurance Company v. Imperial Premium Finance Company, LLC
Court of Appeals for the Eleventh Circuit | Filed: Feb 26, 2015 | Docket: 2900436
Published
to do. 5 Under Florida Statute § 627.428, an insurance company that loses an action for
Atlantic Marine Florida, LLC v. Evanston Insurance Company
775 F.3d 1268, 2014 WL 7331580, 2014 U.S. App. LEXIS 24415
Court of Appeals for the Eleventh Circuit | Filed: Dec 24, 2014 | Docket: 2618723
Published
$325,000; attorney’s fees under Florida Statute § 627.428 in the sum of $164,-305.26; 22 $132
Atlantic Marine Florida, LLC v. Evanston Insurance Company
Court of Appeals for the Eleventh Circuit | Filed: Dec 24, 2014 | Docket: 2900721
Published
$325,000; attorney’s fees under Florida Statute § 627.428 in the sum of $164,305.26;22 $132,014.56 in prejudgment
Hialeah Medical Associates, Inc. v. United Automobile Insurance Co.
151 So. 3d 1279, 2014 Fla. App. LEXIS 20027, 2014 WL 6964233
District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 60244418
Published
below as the prevailing party, pursuant to section 627.428(1) of the Florida Statutes and clear case law
Hialeah Medical v. United
District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613275
Published
below as the prevailing party, pursuant to section 627.428(1) of the Florida Statutes and clear case
Advanced Chiropractic And Rehabilitation Center v. United Automobile Insurance Company
162 So. 3d 75, 2014 Fla. App. LEXIS 14365, 2014 WL 4626867
District Court of Appeal of Florida | Filed: Sep 17, 2014 | Docket: 1256314
Published
Chiropractic’s motion for attorney’s fees pursuant to section 627.428(1), Florida Statutes (2012), and remand to
Omega Insurance Co. v. Johnson
207 So. 3d 245, 2014 Fla. App. LEXIS 13737
District Court of Appeal of Florida | Filed: Sep 5, 2014 | Docket: 63631302
Published
order awarding attorneys’ fees pursuant to section 627.428, Florida Statutes (2009), based on application
Wapnick v. State Farm Mutual Insurance Co.
134 So. 3d 968, 2014 WL 1225162, 2014 Fla. App. LEXIS 4365
District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60239364
Published
727(8) and its limitation on recovery under section 627.428 were not discussed by either party, and were
Order
Supreme Court of Florida | Filed: Mar 13, 2014 | Docket: 1369649
Published
services rendered in this Court pursuant to section 627.428, Florida Statutes (2011), is hereby provisionally
Vivas v. State Farm Florida Insurance Co.
138 So. 3d 479, 2014 WL 860761, 2014 Fla. App. LEXIS 3072
District Court of Appeal of Florida | Filed: Mar 5, 2014 | Docket: 60240670
Published
additional policy proceeds entitles the insured to section 627.428 attorney’s fees where the insurer ‘wrongfully
Brevard Orthopaedic, Spine & Pain Clinics, Inc. v. Health First Medical Management, Inc.
130 So. 3d 274, 2014 WL 178809, 2014 Fla. App. LEXIS 394
District Court of Appeal of Florida | Filed: Jan 17, 2014 | Docket: 60237706
Published
Court expressly relied on the language of section 627.428, Florida Statutes. If all litigants who do
Florida Department of Agriculture & Consumer Services v. Bogorff
132 So. 3d 249, 2013 WL 6082242, 2013 Fla. App. LEXIS 18418
District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60238388
Published
fees, where fees were authorized pursuant to section 627.428, Florida Statutes (1983), because such fees
Gonzalez v. Liberty Mutual Fire Insurance
981 F. Supp. 2d 1219, 2013 WL 5913515, 2013 U.S. Dist. LEXIS 156365
District Court, M.D. Florida | Filed: Oct 31, 2013 | Docket: 65995362
Published
368, 369 (Fla. 5th DCA 2010) (noting that Section 627.428, Florida Statutes, which awards a reasonable
Regions Bank v. Commonwealth Land Title Insurance
977 F. Supp. 2d 1237, 2013 WL 5603469, 2013 U.S. Dist. LEXIS 149052
District Court, S.D. Florida | Filed: Sep 18, 2013 | Docket: 65994829
Published
in this action, pursuant to Florida Statute Section 627.428, upon motion submitted by Regions within the
United Automobile Insurance Co. v. Doctor Rehab Center, Inc.
121 So. 3d 66, 2013 WL 4525732, 2013 Fla. App. LEXIS 13695
District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60234481
Published
motion for appellate attorneys’ fees under section 627.428, Florida Statutes (2013). At oral argument
Westchester Fire Insurance Co. v. Bruno (In re Mona Lisa at Celebration, LLC)
495 B.R. 535
United States Bankruptcy Court, M.D. Florida | Filed: Jun 21, 2013 | Docket: 65785328
Published
argument that they are entitled to an award under Section 627.428 was not raised before the bankruptcy court
First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc.
115 So. 3d 946
Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60232277
Published
be paid to a prevailing insured pursuant to section 627.428, Florida Statutes (1987).” 555 So.2d at 829
Continental Casualty Co. v. A.W. Baylor Versapanel-Plastering, Inc.
97 So. 3d 937, 2012 WL 3870415, 2012 Fla. App. LEXIS 14986
District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60312014
Published
company or a bonding company: § 627.756 (1) Section 627.428 applies to suits brought by owners, subcontractors
Doukas v. Facilities Development Corp.
92 So. 3d 303, 2012 WL 2913236, 2012 Fla. App. LEXIS 11690
District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310213
Published
in the General Agreement of Indemnity and section 627.428, Florida Statutes. Ultimately, FDC and the
Axis Surplus Insurance v. Contravest Construction Co.
877 F. Supp. 2d 1268, 2012 WL 2913525, 2012 U.S. Dist. LEXIS 104502
District Court, M.D. Florida | Filed: Jul 6, 2012 | Docket: 65983180
Published
ATTORNEYS’ FEES PURSUANT TO FLORIDA STATUTE SECTION 627.428 (Doc. No. 157) FILED: June 15, 2012 THEREON
Great American Fidelity Insurance v. JWR Construction Services, Inc.
882 F. Supp. 2d 1340, 2012 U.S. Dist. LEXIS 49257, 2012 WL 1193848
District Court, S.D. Florida | Filed: Apr 9, 2012 | Docket: 65983860
Published
attorney’s fees for this action to JWR pursuant to Section 627.428, Florida Statutes. Furthermore, these proceedings
Gena v. Florida Insurance Guaranty Ass'n
85 So. 3d 1143, 2012 Fla. App. LEXIS 4490
District Court of Appeal of Florida | Filed: Mar 22, 2012 | Docket: 60307030
Published
responsible for her attorney’s fees under section 627.428, Florida Statutes, because its refusal to adjust
Gena v. FLORIDA INS. GUAR. ASS'N
85 So. 3d 1143, 2012 WL 955507
District Court of Appeal of Florida | Filed: Mar 22, 2012 | Docket: 2541594
Published
responsible for her attorney's fees under section 627.428, Florida Statutes, because its refusal to adjust
Mercury Insurance Co. of Florida v. RPM Medical Center, Inc.
89 So. 3d 261, 2012 WL 469803, 2012 Fla. App. LEXIS 2165
District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 60308742
Published
of appellate attorney’s fees, pursuant to section 627.428(1), Florida Statutes, should have been conditioned
Barreau v. Peachtree Casualty Insurance
79 So. 3d 843, 2012 Fla. App. LEXIS 673, 2012 WL 162035
District Court of Appeal of Florida | Filed: Jan 20, 2012 | Docket: 2415431
Published
a motion to tax fees and costs pursuant to section 627.428(1), Florida Statutes (2009), which requires
Rodriguez v. Government Employees Insurance
80 So. 3d 1042, 2011 Fla. App. LEXIS 20444, 2011 WL 6373033
District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60305624
Published
failing to award him attorneys’ fees pursuant to section 627.428, Florida Statutes (2009), and further erred
Western & Southern Life Insurance Co. v. Beebe
61 So. 3d 1215, 2011 Fla. App. LEXIS 7187, 2011 WL 1878012
District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 563041
Published
attorney's fees and taxable costs pursuant to section 627.428, Florida Statutes (2010),[1]*1216 but deferred
United Automobile Insurance Co. v. Miami Dade County MRI Corp.
56 So. 3d 121, 2011 Fla. App. LEXIS 3180
District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60298520
Published
to give jurisdiction to the court.”); see also § 627.428, Fla. Stat. (2010) (“Upon the rendition of a judgment
Wood v. Haack
54 So. 3d 1082, 2011 Fla. App. LEXIS 2668, 2011 WL 709953
District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60298236
Published
(Fla.1993), our supreme court held that a section 627.428 fee award did not permit the award of those
Contreras v. 21st Century Insurance Co.
53 So. 3d 1194, 2011 Fla. App. LEXIS 1569, 2011 WL 470253
District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 2409008
Published
a request for attorney's fees pursuant to section 627.428, Florida Statutes. Respondent promptly served
Sheldon v. United Services Automobile Ass'n
55 So. 3d 593, 2010 Fla. App. LEXIS 20245
District Court of Appeal of Florida | Filed: Dec 28, 2010 | Docket: 60298427
Published
penalties and attorney’s fees, pursuant to section 627.428, Florida Statutes. He originally filed the
Sheldon v. UNITED SERVICES AUTO. ASS'N
55 So. 3d 593, 2010 WL 5306461
District Court of Appeal of Florida | Filed: Dec 28, 2010 | Docket: 2408101
Published
penalties and attorney's fees, pursuant to section 627.428, Florida Statutes. He originally filed the
Mills v. Foremost Insurance
269 F.R.D. 663, 2010 U.S. Dist. LEXIS 103139, 2010 WL 3861014
District Court, M.D. Florida | Filed: Sep 29, 2010 | Docket: 66042600
Published
as compared to individual actions. Fla. Stat § 627.428 provides, “Upon the rendition of a judgment or
Snow v. Jim Rathman Chevrolet, Inc.
39 So. 3d 368, 2010 Fla. App. LEXIS 8762, 2010 WL 2425946
District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1929128
Published
SAWAYA, J. The issue we must resolve is whether section 627.428(1), Florida Statutes (2009), authorizes an
Nob Holdings Corp. v. Liberty Mutual Insurance (In Re PSN USA, Inc.)
426 B.R. 916, 22 Fla. L. Weekly Fed. B 403, 2010 Bankr. LEXIS 892
United States Bankruptcy Court, S.D. Florida. | Filed: Mar 19, 2010 | Docket: 2537790
Published
and (ii) Attorneys' Fees under Florida Statutes § 627.428. NOB voluntarily dismissed its claim against KPKB
Progressive Express Insurance Co. v. Hartley
21 So. 3d 119, 2009 Fla. App. LEXIS 16129, 2009 WL 3485998
District Court of Appeal of Florida | Filed: Oct 30, 2009 | Docket: 60259874
Published
Hartley ultimately prevail in the trial court. See § 627.428(1), Fla. Stat. (2003); Nat’l Union Fire Ins. Co
Ottaviano v. Nautilus Ins. Co.
660 F. Supp. 2d 1315, 2009 U.S. Dist. LEXIS 92703, 2009 WL 3064614
District Court, M.D. Florida | Filed: Sep 18, 2009 | Docket: 2141513
Published
award of attorney's fees pursuant to Fla. Stat., § 627.428. I. The plaintiff, James Ottaviano, is a contractor
Mears Transportation Group, Inc. v. Zurich American Insurance
660 F. Supp. 2d 1297, 2009 U.S. Dist. LEXIS 98011, 2009 WL 3199854
District Court, M.D. Florida | Filed: Aug 27, 2009 | Docket: 2141528
Published
for reasonable attorneys' fees under Fla. Stat. § 627.428. 3. This case is REFERRED to Magistrate Judge
Prescott Architects, Inc. v. Lexington Insurance
638 F. Supp. 2d 1317, 2009 U.S. Dist. LEXIS 56855
District Court, N.D. Florida | Filed: Jul 1, 2009 | Docket: 2342703
Published
application of the FAA would invalidate Fla. Stat. § 627.428, which requires a court to award attorney's fees
Federated National Insurance Co. v. Palenzuela
11 So. 3d 969, 2009 Fla. App. LEXIS 3816, 2009 WL 1139291
District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1234315
Published
reasonable attorneys fees pursuant to Fla. Stat. § 627.428, interest and court costs. DONE AND ORDERED in
United Automobile Insurance Co. v. Lopez
7 So. 3d 583, 2009 Fla. App. LEXIS 1794, 2009 WL 605392
District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1224395
Published
attorney fees in that court on the authority of section 627.428 of the Florida Statutes (2008), despite the
Citizens Property Insurance Corp. v. Cuban-Hebrew Congregation of Miami, Inc.
5 So. 3d 709, 2009 Fla. App. LEXIS 1036, 2009 WL 321604
District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1200879
Published
entitled to an award of attorney's fees under section 627.428, Florida Statutes (2007). The amount of attorney's
Holder v. State Farm Ins. Co.
994 So. 2d 521, 2008 Fla. App. LEXIS 17583, 2008 WL 4923028
District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1219841
Published
judge denied a claim for attorney's fees under § 627.428(1), Fla. Stat. (2007). On the authority of Ajmechet
Hollywood Injury Rehab Center v. United Automobile Insurance Co.
985 So. 2d 1221, 2008 Fla. App. LEXIS 10873, 2008 WL 2744395
District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855213
Published
prevailing party, Hollywood Center, pursuant to section 627.428, Florida Statutes (2007), filed a motion for
Underwriters at Lloyd's London v. Osting-Schwinn
545 F. Supp. 2d 1261, 2008 WL 1826757
District Court, M.D. Florida | Filed: Apr 23, 2008 | Docket: 2318058
Published
Supreme Court, inter alia, "whether Fla. Stat. § 627.428 applies to surplus line insurers"); Chacin v.
Mady v. DaimlerChrysler Corp.
976 So. 2d 1212, 2008 Fla. App. LEXIS 4341, 2008 WL 783329
District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 64854184
Published
avoid the liability for attorney’s fees under section 627.428, Florida Statutes (1979), by paying policy
Mizner Tower Condominium Ass'n v. Qbe Ins. Corp.
530 F. Supp. 2d 1304, 2008 U.S. Dist. LEXIS 2634, 2008 WL 151414
District Court, S.D. Florida | Filed: Jan 15, 2008 | Docket: 2286880
Published
entitled to its costs and fees pursuant to Section 627.428 of the Florida Statutes which provides, in
Roger Kennedy Construction, Inc. v. Amerisure Insurance
506 F. Supp. 2d 1185, 2007 U.S. Dist. LEXIS 44023
District Court, M.D. Florida | Filed: Jun 18, 2007 | Docket: 2378331
Published
attorney's fees pursuant to Florida Statutes Section 627.428.[1] (Doc. No. 61, ¶ 1, 12-16). The relevant
United States Fidelity & Guaranty Co. v. Liberty Surplus Insurance
485 F. Supp. 2d 1326, 2007 U.S. Dist. LEXIS 32232
District Court, M.D. Florida | Filed: May 2, 2007 | Docket: 65970828
Published
105 at 5-6). It is true that Florida Statute § 627.428 permits recovery of an attorney’s fee against
US Fidelity & Guar. v. LIBERTY SURPLUS INS.
485 F. Supp. 2d 1326
District Court, M.D. Florida | Filed: May 2, 2007 | Docket: 2288003
Published
105 at 5-6). It is true that Florida Statute § 627.428 permits recovery of an attorney's fee against
Coppola v. Federated National Insurance Co.
939 So. 2d 1171, 2006 Fla. App. LEXIS 17845, 2006 WL 3018065
District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847371
Published
attorney’s fees as the prevailing party pursuant to section 627.428, Florida Statutes. In the declaratory action
Trief v. American General Life Insurance
444 F. Supp. 2d 1266, 2006 WL 2398697
District Court, S.D. Florida | Filed: Aug 3, 2006 | Docket: 2199103
Published
rejects Plaintiff's argument that pursuant to Fla. Stat. 627.428(2) the Defendant breached the insurance contract
TRANSPORTATION CAS. INS. CO. v. Feldman
927 So. 2d 947, 2006 Fla. App. LEXIS 3552, 2006 WL 626061
District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 2574905
Published
costs pursuant to section 627.428, Florida Statutes (1991). We reverse. Section 627.428, Florida Statutes
Progressive Consumers Insurance Co. v. Central Florida Physiatrists, P.A.
915 So. 2d 261, 2005 Fla. App. LEXIS 18884, 2005 WL 3239589
District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 64841027
Published
granted under a fee-shifting statute such as section 627.428, Florida Statutes (2002)? PETITION DENIED;
Progressive Exp. Ins. Co. v. Miami Dade Hrs
922 So. 2d 221, 2005 WL 3055647
District Court of Appeal of Florida | Filed: Nov 16, 2005 | Docket: 1683254
Published
motion for appellate attorney fees pursuant to section 627.428(1) of the Florida Statutes even though Miami
Mercury Casualty Co. v. Rural Metro Ambulance Inc.
909 So. 2d 408, 2005 Fla. App. LEXIS 12766, 2005 WL 1991778
District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64840145
Published
and, therefore, is not recoverable under section 627.428, Florida Statutes (2003). See also Progressive
Royal Surplus Lines Insurance v. Coachmen Industries, Inc.
229 F.R.D. 695, 2005 U.S. Dist. LEXIS 17720, 2005 WL 1668530
District Court, M.D. Florida | Filed: Jul 13, 2005 | Docket: 66023574
Published
Federal Rules of Civil Procedure [ (Rule(s)),] and § 627.428, Fla. Stat.” Id. Local Rule 4.18 simply addresses
Essex Insurance Co. v. Burton
906 So. 2d 1157, 2005 Fla. App. LEXIS 9734, 2005 WL 1473611
District Court of Appeal of Florida | Filed: Jun 23, 2005 | Docket: 64839605
Published
the same case below, orders predicated on section 627.428(1), Florida Statutes (2003) (“Upon the rendition
State Farm Mutual Automobile Insurance Co. v. Trevino
904 So. 2d 495, 2005 Fla. App. LEXIS 6993, 2005 WL 1125048
District Court of Appeal of Florida | Filed: May 13, 2005 | Docket: 64839038
Published
policy proceeds and attorney’s fees pursuant to section 627.428.” Id. at 832. Accordingly, when an insured
Pozzi Window Co. v. Auto-Owners Insurance
429 F. Supp. 2d 1311, 2004 U.S. Dist. LEXIS 29563, 2004 WL 3774858
District Court, S.D. Florida | Filed: Dec 29, 2004 | Docket: 2355315
Published
alleged that as assignee and pursuant to Fla. Stat. § 627.428, it is entitled to recover its fees and costs
Dunaeveschi v. American Pioneer Life Insurance Co.
882 So. 2d 417, 2004 Fla. App. LEXIS 11733, 2004 WL 1781344
District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832524
Published
was void. The insured reasoned that under section 627.428, Florida Statutes (2003), she would be entitled
Allstate Insurance Co. v. Chiropractic
875 So. 2d 14, 2004 Fla. App. LEXIS 6428, 2004 WL 1058277
District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 64831057
Published
insurer’s rights and the insurer, the provision of section 627.428 shall apply, except as provided in sub-section
United States v. Pepper's Steel & Alloys, Inc.
348 F.3d 964, 2003 WL 22390036
Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2003 | Docket: 659204
Published
question to the Florida Supreme Court: “UNDER SECTION 627.428 OF THE FLORIDA STATUTES, IS AN INSURED ENTITLED
State Farm Mutual Automobile Insurance Co. v. Petersen
855 So. 2d 1248, 2003 Fla. App. LEXIS 15484, 2003 WL 22339210
District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 64825729
Published
judgment awarding costs and attorney’s fees under section 627.428, Florida Statutes 2001. We reverse because
Mathason v. American National Life Insurance Co. of Texas
855 So. 2d 261, 2003 Fla. App. LEXIS 14811, 2003 WL 22240354
District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 64825262
Published
coverage, he moved for attorney’s fees under section 627.428(1), Florida Statutes (1999), which provides
Belge v. New Miami Wholesale, Inc.
858 So. 2d 336, 2003 Fla. App. LEXIS 13626, 2003 WL 22082160
District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 64826189
Published
involving insurance contracts pursuant to Section 627.428, Florida Statutes (2002), see Independent Fire
Trans Coastal Roofing Co. v. David Boland Inc.
344 F.3d 1281, 2003 U.S. App. LEXIS 18617, 2003 WL 22078080
Court of Appeals for the Eleventh Circuit | Filed: Sep 9, 2003 | Docket: 2006232
Published
therefore erred in interpreting Florida Statutes § 627.428 to prohibit the recovery of attorneys’ fees in
Superior Insurance Co. v. Cordle
851 So. 2d 207, 2003 Fla. App. LEXIS 9454, 2003 WL 21466957
District Court of Appeal of Florida | Filed: Jun 26, 2003 | Docket: 64824193
Published
attorney fees awarded to its insured pursuant to section 627.428, Florida Statutes. Specifically, it argues
United States v. Pepper's Steel & Alloys, Inc.
289 F.3d 741, 32 Envtl. L. Rep. (Envtl. Law Inst.) 20640, 2002 U.S. App. LEXIS 7624, 2002 WL 729039
Court of Appeals for the Eleventh Circuit | Filed: Apr 25, 2002 | Docket: 767833
Published
district court’s determination that, under section 627.428 of the Florida Statutes, they are not entitled
Fireman's Fund Insurance Company v. In Any Event
254 F.3d 987
Court of Appeals for the Eleventh Circuit | Filed: Jun 19, 2001 | Docket: 396771
Published
attorney's fees pursuant to Fla. Stat. § 627.428, it did not make a specific fee award at that
Rex T. Morrison v. Allstate Indemnity Co.
228 F.3d 1255
Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2000 | Docket: 396092
Published
attorney’s fees and costs pursuant to Fla. Stat. § 627.428. The defendants filed separate motions
Rex T. Morrison v. Allstate Indemnity Co.
228 F.3d 1255, 2000 U.S. App. LEXIS 23752
Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2000 | Docket: 396102
Published
attorney’s fees and costs pursuant to Fla. Stat. § 627.428. The defendants filed separate motions to
All Underwriters v. Mark Weisberg
Court of Appeals for the Eleventh Circuit | Filed: Aug 18, 2000 | Docket: 395973
Published
demanded attorney’s fees pursuant to Fla. Stat. § 627.428. The district court struck Appellants’ demand
Jones v. Minnesota Mutual Life Insurance Co.
759 So. 2d 723, 2000 Fla. App. LEXIS 5494, 2000 WL 561761
District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64797800
Published
$75,000, plus attorney’s fees pursuant to section 627.428, Florida Statutes. The fee agreement between
Progressive Express Insurance v. MTM Diagnostics, Inc.
754 So. 2d 150, 2000 Fla. App. LEXIS 3475, 2000 WL 300530
District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 64796151
Published
medical providers in place of the benefits of section 627.428(1), Florida Statutes (1997), enjoyed by insureds
Superior Insurance Co. v. Libert
759 So. 2d 687, 2000 Fla. App. LEXIS 2937, 2000 WL 282494
District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 64797789
Published
Dr. Liebert sought attorney’s fees under section 627.428, Florida Statutes, which reads: (1) Upon the
Aries Insurance Co. v. Espino
736 So. 2d 792, 1999 Fla. App. LEXIS 9268, 1999 WL 492639
District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 64789239
Published
Espino moved for attorney’s fees pursuant to Section 627.428, Florida Statutes (1997). The lower court awarded
Storob v. Sphere Drake Insurance
730 So. 2d 375, 1999 Fla. App. LEXIS 4254, 1999 WL 172761
District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 64787511
Published
were thus entitled to attorney’s fees under section 627.428, Florida Statutes (1997), in the order now
Sal's Abatement Corp. v. Sid Harvey Industries, Inc.
718 So. 2d 885, 1998 Fla. App. LEXIS 11401, 1998 WL 568284
District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64783395
Published
prosecuting the suit in which the recovery is had.” § 627.428(1), Fla. Stat. (1997); see O.A.G., 707 So.2d at
USAA Casualty Insurance v. Romm
712 So. 2d 405, 1998 Fla. App. LEXIS 2923, 1998 WL 130140
District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 64781305
Published
trial court erred by awarding fees pursuant to section 627.428, Florida Statutes (1993), because Keller did
Mendez v. Bankers Insurance
696 So. 2d 1210, 1997 Fla. App. LEXIS 5647, 1997 WL 269076
District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 64775022
Published
insurer and were thus entitled to fees under section 627.428, Florida Statutes (1992). The trial court denied
Foodtown, Inc. v. Argonaut Insurance
102 F.3d 483, 1996 WL 711160
Court of Appeals for the Eleventh Circuit | Filed: Dec 30, 1996 | Docket: 211243
Published
pursuant to a Florida fee-shifting statute, section 627.428, Florida Statutes. 1 The district
United Automobile Insurance Co. v. Rousseau
682 So. 2d 1229, 1996 Fla. App. LEXIS 12239, 1996 WL 670188
District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 64769031
Published
plaintiffs motion for attorney’s fees pursuant to section 627.428, Florida Statutes (1995). UAIC’s sole argument
Preferred National Insurance Co. v. Nichols
682 So. 2d 585, 1996 Fla. App. LEXIS 10938, 1996 WL 600874
District Court of Appeal of Florida | Filed: Oct 22, 1996 | Docket: 64768730
Published
pursuant to section 627.428, Florida Statutes (1993). Appellant contends that section 627.428 does not apply
Great West Life Assurance Co. v. Greene
678 So. 2d 385, 1996 Fla. App. LEXIS 6879, 1996 WL 365711
District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 64766707
Published
not entitled to an award of attorney’s fees. Section 627.428(2), Florida Statutes (1993), prohibits the
Tench v. American Reliance Insurance
671 So. 2d 801, 1996 Fla. App. LEXIS 220, 1996 WL 13989
District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64763859
Published
prevailing with a recovery on the policy. See § 627.428, Fla.Stat. (1991); State Farm Mut. Auto. Ins.
State Farm Fire & Casualty Co. v. Kambara
667 So. 2d 831, 1996 Fla. App. LEXIS 90, 1996 WL 6543
District Court of Appeal of Florida | Filed: Jan 10, 1996 | Docket: 64762185
Published
Kam-bara (Kambara), attorney’s fees under section 627.428(1), Florida Statutes (1993), after he was forced
Miller v. Transflorida Bank
656 So. 2d 1364, 1995 Fla. App. LEXIS 6920, 1995 WL 380180
District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 64757478
Published
considered statutory attorney’s fees pursuant to section 627.428, Florida Statutes (1987). It determined that
American Reliance Insurance Co. v. Nuell, Baron & Polsky
654 So. 2d 289, 1995 Fla. App. LEXIS 4647, 1995 WL 254389
District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 64755910
Published
for an award of attorney’s fees pursuant to section 627.428, Florida Statutes (1993). The trial court computed
Blizzard v. Government Employees Insurance Co.
654 So. 2d 565, 1995 Fla. App. LEXIS 2301, 1995 WL 93861
District Court of Appeal of Florida | Filed: Mar 9, 1995 | Docket: 64756078
Published
the denial of an attorney’s fee, based on section 627.428(1), Florida Statutes (1991), which provides:
Utica Mutual Insurance Co. v. Pennsylvania National Mutual Casualty Insurance Co.
639 So. 2d 41, 1994 Fla. App. LEXIS 3497
District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 64749505
Published
Penn National attorney's fees pursuant to section 627.428(1), Florida Statutes (1993), which provides:
State Automobile Mutual Insurance Co. v. Ryder Truck Rental, Inc.
627 So. 2d 1326, 1993 Fla. App. LEXIS 12288
District Court of Appeal of Florida | Filed: Dec 14, 1993 | Docket: 64744690
Published
that Ryder is not an insured for purposes of section 627.428, Florida Statutes (1991). As to the summary
Maltzer v. Provident Life & Accident Insurance
843 F. Supp. 692, 1993 U.S. Dist. LEXIS 19217, 1993 WL 589296
District Court, M.D. Florida | Filed: Nov 15, 1993 | Docket: 65988831
Published
for reasonable attorneys’ fees pursuant to section 627.428 of the Florida Insurance Code, which provides
Schneider v. National Casualty Co.
623 So. 2d 798, 1993 Fla. App. LEXIS 8731, 1993 WL 320105
District Court of Appeal of Florida | Filed: Aug 24, 1993 | Docket: 64698528
Published
the Schneiders at trial. Fees awards under section 627.428, Florida Statutes (1991), allowing recovery
Hopper v. Dependable Life Insurance
615 So. 2d 263, 1993 Fla. App. LEXIS 2498, 1993 WL 64800
District Court of Appeal of Florida | Filed: Mar 10, 1993 | Docket: 64694927
Published
filed a motion for attorney’s fees pursuant to section 627.428(1), Florida Statutes. We conditionally grant
Insurance Co. of North America v. Lexow
980 F.2d 704, 1993 WL 86
Court of Appeals for the Eleventh Circuit | Filed: Jan 6, 1993 | Docket: 66279410
Published
“UNDER A POLICY OR CONTRACT” IN FLORIDA STATUTES, § 627.428(1) INCLUDE SUBSEQUENT LITIGATION TO DETERMINE
Fidelity & Deposit Co. of Maryland v. Waldron's, Inc.
608 So. 2d 119, 1992 Fla. App. LEXIS 11344, 1992 WL 317565
District Court of Appeal of Florida | Filed: Nov 4, 1992 | Docket: 64691784
Published
attorney’s fees are not recoverable under section 627.428 Florida Statutes (1989). This position is supported
Independent Fire Insurance Co. v. Lugassy
609 So. 2d 51, 1992 Fla. App. LEXIS 11021
District Court of Appeal of Florida | Filed: Oct 20, 1992 | Docket: 64692250
Published
956.60 in prejudgment interest.1 Pursuant to section 627.428, Florida Statutes (1991), the trial court awarded
Orion Insurance Co. v. Corrigan
606 So. 2d 707, 1992 Fla. App. LEXIS 10611, 1992 WL 280355
District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 64670855
Published
their motion for attorney’s fees pursuant to section 627.428 Florida Statutes. That motion is denied. Appellees
Rubin v. Florida Insurance Guaranty Ass'n
606 So. 2d 699, 1992 Fla. App. LEXIS 10375, 1992 WL 261175
District Court of Appeal of Florida | Filed: Oct 6, 1992 | Docket: 64670853
Published
for services rendered below and on appeal. Section 627.428, Fla.Stat. (1991). Reversed and remanded.
Sonara v. Star Casualty Insurance Co.
603 So. 2d 661, 1992 Fla. App. LEXIS 8646, 1992 WL 191635
District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 64669299
Published
entitled to an attorney’s fee award under Section 627.428, Florida Statutes (1989), for prosecuting the
Fortune Insurance v. Cardoso
592 So. 2d 1245, 1992 WL 16605
District Court of Appeal of Florida | Filed: Feb 4, 1992 | Docket: 64664862
Published
awarded, appellate attorney’s fees pursuant to section 627.428, Florida Statutes (1989). The appellate division
Allstate Insurance Co. v. Croakman
591 So. 2d 297, 1991 Fla. App. LEXIS 12701, 1991 WL 265068
District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 64664233
Published
dependent upon a judgment in their favor. Section 627.428(1), Fla.Stat. (1989). Accordingly, the trial
Safeway Insurance Co. v. Godoy
584 So. 2d 1136, 1991 Fla. App. LEXIS 9258, 1991 WL 174469
District Court of Appeal of Florida | Filed: Sep 10, 1991 | Docket: 64661133
Published
a final judgment for attorney’s fees under section 627.428, Florida Statutes (1989). We conclude that
State Farm Mutual Insurance Co. v. Koster
582 So. 2d 735, 1991 Fla. App. LEXIS 6557, 1991 WL 120768
District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 64660143
Published
for costs and attorneys’ fees pursuant to section 627.428, Florida Statutes (1989). The trial court granted
Harrow v. Remke Development, Inc.
573 So. 2d 181, 1991 Fla. App. LEXIS 280, 1991 WL 3582
District Court of Appeal of Florida | Filed: Jan 18, 1991 | Docket: 64655889
Published
attorney’s fees against HOW Insurance Company under section 627.428, Florida Statutes (1989). We conclude that
Glens Falls Insurance Co. v. Russell
567 So. 2d 939, 1990 Fla. App. LEXIS 6801, 1990 WL 129659
District Court of Appeal of Florida | Filed: Sep 12, 1990 | Docket: 64653560
Published
to appellee as the prevailing party under section 627.428, Florida Statutes (1987). Based upon this court’s
Florida Automobile Dealers Self-Insurers Fund v. Plantation AMC/Jeep, Inc.
566 So. 2d 558, 1990 Fla. App. LEXIS 6084, 1990 WL 116375
District Court of Appeal of Florida | Filed: Aug 15, 1990 | Docket: 64652885
Published
The agreement is not an insurance contract. Section 627.428, Florida Statutes, states in pertinent part:
Liberty Mutual Fire Insurance Co. v. Ramos
565 So. 2d 798, 1990 Fla. App. LEXIS 5280, 1990 WL 102699
District Court of Appeal of Florida | Filed: Jul 25, 1990 | Docket: 64652400
Published
policy limits, whether under the provisions of section 627.428, section 45.061, or otherwise. I agree with
Fidelity & Deposit Co. of Maryland v. Distefano Construction, Inc.
562 So. 2d 845, 1990 Fla. App. LEXIS 4424, 1990 WL 82459
District Court of Appeal of Florida | Filed: Jun 19, 1990 | Docket: 64651058
Published
DiStefano moved for attorney’s fees pursuant to section 627.428, Florida Statutes (1987) and also sought an
Latin Am. Property & Cas. Ins. Co. v. Pastor
561 So. 2d 1302, 1990 Fla. App. LEXIS 3874, 1990 WL 70504
District Court of Appeal of Florida | Filed: May 29, 1990 | Docket: 1480554
Published
cross-appeals the denial of attorney's fees under Section 627.428(1), Florida Statutes (1989). We affirm in part
Southern Erectors, Inc. v. Gay
558 So. 2d 1099, 1990 Fla. App. LEXIS 2304, 1990 WL 39857
District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 64649180
Published
Counsel’s motion for attorney fees cited Section 627.428, Florida Statutes, an Insurance Code attorney
Avila v. Latin American Property & Casualty Insurance Co.
548 So. 2d 894, 14 Fla. L. Weekly 2187, 1989 Fla. App. LEXIS 5090
District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 64644855
Published
entitlement to attorney’s fees, pursuant to section 627.428, Florida Statutes (1987). We reverse and remand
Gerace v. Hayden
550 So. 2d 1143, 14 Fla. L. Weekly 1922, 1989 Fla. App. LEXIS 4624, 1989 WL 90924
District Court of Appeal of Florida | Filed: Aug 15, 1989 | Docket: 64645808
Published
fees in 1988 to the same corporation under section 627.428, Florida Statutes (1987). This latter award
International Bankers Insurance Co. v. Wegener
548 So. 2d 683, 14 Fla. L. Weekly 1633, 1989 Fla. App. LEXIS 3752, 1989 WL 73151
District Court of Appeal of Florida | Filed: Jul 5, 1989 | Docket: 64644794
Published
to a reasonable attorney’s fee derives from section 627.428, Florida Statutes (1987), which mandates that
Aetna Life Insurance Co. v. Casalotti
544 So. 2d 242, 14 Fla. L. Weekly 1079, 1989 Fla. App. LEXIS 2302, 1989 WL 43325
District Court of Appeal of Florida | Filed: May 2, 1989 | Docket: 64642868
Published
was entitled to attorney’s fees pursuant to section 627.428, Florida Statutes (1987). The trial court conducted
Scalf v. Laurain
540 So. 2d 933, 14 Fla. L. Weekly 829, 1989 Fla. App. LEXIS 1754, 1989 WL 31019
District Court of Appeal of Florida | Filed: Apr 6, 1989 | Docket: 64641392
Published
authorizing attorney’s fees against insurers under section 627.428, does not apply to uninsured motorist coverage
State Farm Mutual Automobile Insurance Co. v. Stack
543 So. 2d 782, 14 Fla. L. Weekly 839, 1989 Fla. App. LEXIS 1710
District Court of Appeal of Florida | Filed: Apr 4, 1989 | Docket: 64642699
Published
attorney’s fees for the Stacks pursuant to section 627.428, Florida Statutes (1987). State Farm now appeals
Windward Traders, Ltd. v. Fred S. James & Co. of New York
855 F.2d 814, 1988 WL 91334
Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 1988 | Docket: 66238222
Published
against American Centennial in accordance with § 627.428 of the Florida Insurance Code, which allows an
U.S. Fire Insurance Co. v. Sheffield Steel Products, Inc.
533 So. 2d 781
District Court of Appeal of Florida | Filed: Aug 18, 1988 | Docket: 64638522
Published
liable for attorney’s fees by way of statute, section 627.-428(1), Florida Statutes (1987), independent of
Bankers Security Life Insurance Society v. Kane
692 F. Supp. 1326, 1988 U.S. Dist. LEXIS 9774, 1988 WL 90599
District Court, S.D. Florida | Filed: Aug 11, 1988 | Docket: 66176436
Published
entitlement to fees pursuant to Fla. Stat. Section 627.428. Neither of the Plaintiffs, Bankers Security
National Foundation Life Insurance Co. v. Ward
524 So. 2d 689, 13 Fla. L. Weekly 847, 1988 Fla. App. LEXIS 1348, 1988 WL 25436
District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 64634621
Published
prevailing insured in such a case pursuant to section 627.428, Florida Statutes (1985). On December 17, 1986
Waitt v. Hanover Insurance Co.
520 So. 2d 104, 13 Fla. L. Weekly 503, 1988 Fla. App. LEXIS 615, 1988 WL 11349
District Court of Appeal of Florida | Filed: Feb 17, 1988 | Docket: 64632723
Published
373 So.2d 94, 95 (Fla. 2d DCA 1979) (citing § 627.428, Fla.Stat. (1977); Dixie Farms, Inc. v. Hertz
Waitt v. Hanover Insurance Co.
520 So. 2d 104, 13 Fla. L. Weekly 503, 1988 Fla. App. LEXIS 615, 1988 WL 11349
District Court of Appeal of Florida | Filed: Feb 17, 1988 | Docket: 64632723
Published
373 So.2d 94, 95 (Fla. 2d DCA 1979) (citing § 627.428, Fla.Stat. (1977); Dixie Farms, Inc. v. Hertz
United General Life Insurance Co. v. Koske
519 So. 2d 71, 13 Fla. L. Weekly 288, 1988 Fla. App. LEXIS 295, 1988 WL 4404
District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 64632204
Published
attorney’s fees, claiming entitlement under section 627.428, Florida Statutes (1985), which permits the
General American Life Insurance Co. v. Fisher
517 So. 2d 31, 12 Fla. L. Weekly 2575, 1987 Fla. App. LEXIS 10931, 1987 WL 1341
District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 64631606
Published
$15,000 in attorney’s fees as provided by section 627.428, Florida Statutes (1985). Florida Patients
AIU Insurance Co. v. Coker
515 So. 2d 317, 12 Fla. L. Weekly 2547, 1987 Fla. App. LEXIS 10885
District Court of Appeal of Florida | Filed: Nov 6, 1987 | Docket: 64630828
Published
appellee attorney’s fees. Appellants argue that section 627.428(1), Florida Statutes (1985), only authorizes
Westinghouse Electric Corp. v. Shafer & Miller, Inc.
515 So. 2d 248, 12 Fla. L. Weekly 2066, 1987 Fla. App. LEXIS 10022
District Court of Appeal of Florida | Filed: Aug 25, 1987 | Docket: 64630806
Published
attorney’s fees as a prevailing party under section 627.428, Florida Statutes (1985). See Greenough v.
Northwestern, Inc. v. Ward Land Clearing & Drainage, Inc.
500 So. 2d 615, 12 Fla. L. Weekly 52, 1986 Fla. App. LEXIS 10996
District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 64624256
Published
contracts; attorney fees in case of suit. — Section 627.428 applies to suits brought by owners, subcontractors
Goggans v. Kalp
493 So. 2d 487, 11 Fla. L. Weekly 1585, 1986 Fla. App. LEXIS 8902
District Court of Appeal of Florida | Filed: Jul 18, 1986 | Docket: 64621323
Published
under section 627.428(1), Florida Statutes (1981). Appellees correctly assert that section 627.428(1) authorizes
Powell v. Allstate Insurance Co.
479 So. 2d 149, 10 Fla. L. Weekly 2478, 1985 Fla. App. LEXIS 16617
District Court of Appeal of Florida | Filed: Nov 6, 1985 | Docket: 64615858
Published
Powell’s motion for attorney’s fees pursuant to section 627.428, Florida Statutes (1983). 3. The trial court
Security Insurance Co. of Hartford v. Sun Bank/Palm Beach County, N.A.
474 So. 2d 1226, 10 Fla. L. Weekly 2010, 1985 Fla. App. LEXIS 15519
District Court of Appeal of Florida | Filed: Aug 21, 1985 | Docket: 64613914
Published
he is not entitled to attorney’s fees under section 627.428, Florida Statutes (1983).2 See Waters v. State
Castillo v. Tracor Marine, Inc.
474 So. 2d 322, 10 Fla. L. Weekly 1789, 1985 Fla. App. LEXIS 14438
District Court of Appeal of Florida | Filed: Jul 23, 1985 | Docket: 64613688
Published
assess attorney’s fees and costs pursuant to section 627.428, Florida Statutes (1983), following payment
National Ben Franklin Life Insurance Corp. v. Cohen
464 So. 2d 1256, 10 Fla. L. Weekly 463, 1985 Fla. App. LEXIS 12501
District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 64610437
Published
“reasonable” attorney’s fee to the widow under Section 627.428, Florida Statutes (1981). In fact, the fee
Assurance Co. of America v. Merical
464 So. 2d 174, 10 Fla. L. Weekly 288
District Court of Appeal of Florida | Filed: Jan 31, 1985 | Docket: 64610158
Published
insurance carriers alleging that pursuant to Section 627.-428(1), Florida Statutes, they were entitled to
Wilmington Trust Co. v. Manufacturers Life Insurance
749 F.2d 694, 17 Fed. R. Serv. 358
Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 1985 | Docket: 66202593
Published
D. Winsor and attorneys’ fees under Fla.Stat. § 627.428. Manufacturers denied liability (except for premiums
Puritan Insurance Co. v. Commercial Credit Equipment Co.
441 So. 2d 680, 1983 Fla. App. LEXIS 25473
District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 64601143
Published
Acceptance Corp., 161 So.2d 848 (Fla. 1st DCA 1964); § 627.428(1), Fla.Stat. (1981).
Schrank v. State Farm Mutual Automobile Insurance Co.
438 So. 2d 410, 1983 Fla. App. LEXIS 24430
District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 64599816
Published
awarded costs and attorneys fees pursuant to Section 627.-428, Florida Statutes (1981), and reserved jurisdiction
Vaughan v. Progressive American Insurance Co.
435 So. 2d 889, 1983 Fla. App. LEXIS 19852
District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 64598820
Published
American Insurance Company (appellee), under Section 627.428(1), Florida Statutes.1 We affirm, on procedural
Tracey v. Florida Insurance Guaranty Ass'n
427 So. 2d 194, 1983 Fla. LEXIS 2296
Supreme Court of Florida | Filed: Feb 10, 1983 | Docket: 64595234
Published
automobile policy may claim attorney’s fees under section 627.428(1), where coverage has been denied. The petitioner
Lloyd's & Companies of Lloyd v. Wollard
420 So. 2d 940, 1982 Fla. App. LEXIS 28589
District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 64592737
Published
the insured to attorney’s fees pursuant to Section 627.428, Florida Statutes (1979). American Home Assurance
Howe v. American Indemnity Co.
418 So. 2d 1265, 1982 Fla. App. LEXIS 21127
District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64591964
Published
recover reasonable attorney’s fees pursuant to section 627.428(1), Florida Statutes (1981). The trial court
Hartford Life Insurance v. Hicks
419 So. 2d 693, 1982 Fla. App. LEXIS 9502
District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64592153
Published
is entitled to an appellate fee pursuant to section 627.428, Florida Statutes, (1981). Appellee’s petition
Garrett v. Fireman's Fund Insurance Co.
419 So. 2d 1098, 1982 Fla. App. LEXIS 20467
District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 64592225
Published
benefits. She also sought attorney’s fees under section 627.428(1), Florida Statutes (1979), should her claim
Vorse v. American Bankers Life Assurance Co. of Florida
415 So. 2d 91, 1982 Fla. App. LEXIS 20793
District Court of Appeal of Florida | Filed: Jun 9, 1982 | Docket: 64590544
Published
decision. The judgment having been entered, section 627.428(1), Florida Statutes (1979), compels the award
Tracey v. Florida Insurance Guaranty Ass'n
414 So. 2d 1159, 1982 Fla. App. LEXIS 20256
District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590437
Published
establish the right to attorney’s fees pursuant to section 627.-428(1), Florida Statutes (1979). The trial court
Service Insurance Co. v. Gulf Steel Corp.
412 So. 2d 967, 1982 Fla. App. LEXIS 19847
District Court of Appeal of Florida | Filed: Apr 21, 1982 | Docket: 64589378
Published
297 So.2d 96 (Fla. 4th DCA 1974) (insurance, section 627.428). The court in Palmer stated: Appellee’s counsel
Gutman v. American Motorists Insurance Co.
410 So. 2d 1001, 1982 Fla. App. LEXIS 19490
District Court of Appeal of Florida | Filed: Mar 16, 1982 | Docket: 64588410
Published
Association, 293 So.2d 90 (Fla. 1st DCA 1974); Section 627.428(1), Florida Statutes (1979). Affirmed.
Pettry v. Pruitt
409 So. 2d 1115, 1982 Fla. App. LEXIS 19121
District Court of Appeal of Florida | Filed: Feb 4, 1982 | Docket: 64587945
Published
entitled to a reasonable sum for attorney fees. Section 627.428, Florida Statutes. The sum of $2,000.00 appears
Title & Trust Co. of Florida v. Salameh
407 So. 2d 1035, 1981 Fla. App. LEXIS 22112
District Court of Appeal of Florida | Filed: Dec 29, 1981 | Docket: 64587086
Published
had been unnecessary and unreasonable, and that § 627.428(1), Florida Statutes (1980), did not provide for
Norfolk v. Nationwide Mutual Fire Insurance Co.
407 So. 2d 1014, 1981 Fla. App. LEXIS 22048
District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 64587079
Published
against an insurer denying coverage pursuant to section 627.428(1), Florida Statutes (1977). That provision
Aetna Life Insurance v. Witters
402 So. 2d 501, 1981 Fla. App. LEXIS 20721
District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584653
Published
it pertains to the denial of attorneys’ fees. § 627.428, Fla.Stat. (1975).
Florida Rock & Tank Lines, Inc. v. Continental Insurance
399 So. 2d 122, 1981 Fla. App. LEXIS 20105
District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64582957
Published
their claim for attorney’s fees, made pursuant to § 627.428(1), Florida Statutes (1979).1 We reverse. Appellants
Fireman's Fund Insurance Co. v. Robinson
399 So. 2d 452, 1981 Fla. App. LEXIS 20054
District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64583031
Published
their motion for attorney’s fees pursuant to Section 627.428, Florida Statutes (1979). The Robinsons were
Blue Cross of Florida, Inc. v. Petkunas ex rel. Petkunas
397 So. 2d 1183, 1981 Fla. App. LEXIS 19763
District Court of Appeal of Florida | Filed: May 5, 1981 | Docket: 64582451
Published
applicable statutory criteria, pursuant to Section 627.428, Florida Statutes (1979), which authorizes
Allied General Contractors v. Superior Asphalt Co.
397 So. 2d 727, 1981 Fla. App. LEXIS 19248
District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 64582198
Published
Statutes (1977), which provides as follows: Section 627.428 (attorney fee) shall also apply as to suits
Hartford Accident & Indemnity Co. v. M-B Leasing, Inc.
394 So. 2d 561, 1981 Fla. App. LEXIS 19578
District Court of Appeal of Florida | Filed: Mar 3, 1981 | Docket: 64580646
Published
may be awarded under the applicable statute, Section 627.428(1), Florida Statutes (1979), such an award
State Farm Mutual Automobile Insurance v. Ware
391 So. 2d 331, 1980 Fla. App. LEXIS 18240
District Court of Appeal of Florida | Filed: Dec 16, 1980 | Docket: 64579252
Published
plaintiff’s favor which is necessary to activate Section 627.-428(1), Florida Statutes (1979). Insurance Company
Dauer v. Safeco Insurance Co. of America
394 So. 2d 128, 1980 Fla. App. LEXIS 17622
District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 64580459
Published
Inc., 198 So.2d 652 (Fla.3d DCA 1967). . Section 627.428(1), Florida Statutes (1973) provided: Upon
City of Riviera Beach v. Clark
388 So. 2d 1101, 1980 Fla. App. LEXIS 17403
District Court of Appeal of Florida | Filed: Oct 15, 1980 | Docket: 64578338
Published
attorneys’ fees were taxed against it pursuant to Section 627.428 Florida Statutes (1979) and since the City
South Carolina Insurance v. Gonzalez
386 So. 2d 829, 1980 Fla. App. LEXIS 17318
District Court of Appeal of Florida | Filed: Aug 5, 1980 | Docket: 64577655
Published
liability for attorney’s fees pursuant to Section 627.428, Florida Statutes (1979), and case law. Whitfield
Travelers Indemnity Co. v. Walton
384 So. 2d 939, 1980 Fla. App. LEXIS 16918
District Court of Appeal of Florida | Filed: Jun 17, 1980 | Docket: 64576694
Published
Gonzalez, 234 So.2d 693 (Fla.3d DCA 1970); and § 627.428, Fla.Stat. (1975). The decision of the trial court
Travelers Insurance Co. v. Rodriguez
387 So. 2d 341, 1980 Fla. LEXIS 4266
Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 64577880
Published
insured is entitled to an attorney’s fee under § 627.428(1), Fla.Stat. (1975). . . . [FJees must be awarded
Travelers Insurance Co. v. Rodriguez
387 So. 2d 341, 1980 Fla. LEXIS 4266
Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 64577880
Published
insured is entitled to an attorney’s fee under § 627.428(1), Fla.Stat. (1975). . . . [FJees must be awarded
Hyder v. Acousti Engineering Co.
384 So. 2d 315, 1980 Fla. App. LEXIS 16517
District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 64576491
Published
contracts; attorney fees in case of suit — Section 627.428 (attorney fee) shall also apply as to suits
Troutman v. Prudential Insurance Co. of America
384 So. 2d 313, 1980 Fla. App. LEXIS 16515
District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 64576490
Published
trial court against the insurer as provided by Section 627.428, Florida Statutes. REVERSED and REMANDED. DAUKSCH
R. W. King Construction Co. v. City of Melbourne
384 So. 2d 654, 1980 Fla. App. LEXIS 15855
District Court of Appeal of Florida | Filed: Apr 2, 1980 | Docket: 64576556
Published
and SHARP, JJ., concur. . § 627.756(2): “Section 627.428 (attorney fee) shall also apply as to suits
Prudential Insurance Co. of America v. Institute for Marine Science, Inc.
371 So. 2d 185, 1979 Fla. App. LEXIS 15075
District Court of Appeal of Florida | Filed: May 15, 1979 | Docket: 64570272
Published
Judge. The attorney’s fees recoverable under Section 627.428, Florida Statutes (1977), from insurance companies
Continental Janitorial Corp. v. Nationwide Underwriters, Inc.
368 So. 2d 112, 1979 Fla. App. LEXIS 14213
District Court of Appeal of Florida | Filed: Mar 7, 1979 | Docket: 64568845
Published
on appeal. We agree and grant certiorari. Section 627.428, Florida Statutes (1977) provides: Attorney
U. S. Y. & T. Industries, Inc. v. Charolais Herds & Ranches, Inc.
367 So. 2d 1084, 1979 Fla. App. LEXIS 14183
District Court of Appeal of Florida | Filed: Feb 26, 1979 | Docket: 64568723
Published
Procedure, taken in context with the provisions of Section 627.428, Florida Statutes (1977). See Miami Law Review
Safeco Insurance Co. of America v. Albriza
365 So. 2d 804, 1978 Fla. App. LEXIS 16894
District Court of Appeal of Florida | Filed: Dec 27, 1978 | Docket: 64567743
Published
hold that an award of attorney’s fees under Section 627.428(1) is available only to the contracting insured
CFW Construction Co. v. Richardson Electric Co.
364 So. 2d 854, 1978 Fla. App. LEXIS 16815
District Court of Appeal of Florida | Filed: Nov 29, 1978 | Docket: 64567259
Published
Subsection (2) of this statute provides: Section 627.428 (attorney fee) shall also apply as to suits
Old Republic Life Insurance v. Rucks
363 So. 2d 608, 1978 Fla. App. LEXIS 16505
District Court of Appeal of Florida | Filed: Oct 25, 1978 | Docket: 64566692
Published
authorizing the recovery of attorney’s fees, Section 627.428(1), is not applicable to contracts of insurance
Northwestern National Insurance Co. v. General Electric Credit Corp.
362 So. 2d 120, 1978 Fla. App. LEXIS 16593
District Court of Appeal of Florida | Filed: Aug 22, 1978 | Docket: 64565897
Published
beneficiary under a policy of insurance pursuant to Section 627.428, Florida Statutes (1977) and General Electric
Blue Cross of Florida, Inc. v. Hernandez
361 So. 2d 190, 1978 Fla. App. LEXIS 16373
District Court of Appeal of Florida | Filed: Jun 27, 1978 | Docket: 64565546
Published
court would determine the applicability of Section 627.428, Florida Statutes (1977). We hold that there
Pickett v. Woods
360 So. 2d 45, 1978 Fla. App. LEXIS 15854
District Court of Appeal of Florida | Filed: Jun 14, 1978 | Docket: 64565116
Published
appellants’ motion for attorneys fees under Section 627.428, Florida Statutes (1975), is denied because
Southern Life & Health Insurance Co. v. Harris
353 So. 2d 613, 1977 Fla. App. LEXIS 16906
District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 64562026
Published
$7,500 in attorneys fees under Florida Statute § 627.428, pursuant to a total recovery of $15,000. We reverse
Government Employees Insurance v. Shelly
347 So. 2d 124, 1977 Fla. App. LEXIS 15711
District Court of Appeal of Florida | Filed: May 27, 1977 | Docket: 64559126
Published
with statutory attorneys fees allowable under Section 627.428, Florida Statutes (1975).
General Electric Credit Corp. v. Fidelity & Casualty Co. of New York
344 So. 2d 1284, 1977 Fla. App. LEXIS 15252
District Court of Appeal of Florida | Filed: Mar 18, 1977 | Docket: 64558195
Published
appellant. *1285Appellant seeks the comfort of Section 627.428(1), Florida Statutes (1975), in his quest for
State Farm Mutual Automobile Insurance v. Guerra
340 So. 2d 1221, 1977 Fla. App. LEXIS 22507
District Court of Appeal of Florida | Filed: Feb 15, 1977 | Docket: 64556521
Published
read in conjunction with Section 627.428, Florida Statutes (1975). Section 627.428, Florida Statutes (1975)
Reliance Insurance Companies v. Kilby
336 So. 2d 629, 1976 Fla. App. LEXIS 15356
District Court of Appeal of Florida | Filed: Aug 6, 1976 | Docket: 64554792
Published
authority of Fla.Stat. 627.736(8) (1975) and Fla.Stat. 627.428 (1975). Reliance appeals. We affirm. Reliance
Southern American Fire Insurance v. Spitzer
322 So. 2d 615, 1975 Fla. App. LEXIS 18820
District Court of Appeal of Florida | Filed: Nov 12, 1975 | Docket: 64550557
Published
*616Spitzer were unauthorized under Fla.Stat. § 627.428. We cannot agree. See All Ways Reliable Building
Roberts v. Carter
316 So. 2d 640, 1975 Fla. App. LEXIS 14198
District Court of Appeal of Florida | Filed: Jun 13, 1975 | Docket: 64548363
Published
attorney’s fees against the carrier pursuant to § 627.-428, F.S.1973. Wilder v. Wright, Fla.App.1972, 269
Williams ex rel. Harrell v. Peninsular Life Insurance
306 So. 2d 144, 1975 Fla. App. LEXIS 14693
District Court of Appeal of Florida | Filed: Jan 21, 1975 | Docket: 64543777
Published
expiration of the sixty day period provided in Florida Statute 627.-428(2). The action was against appellee and
Williams ex rel. Harrell v. Peninsular Life Insurance
306 So. 2d 144, 1975 Fla. App. LEXIS 14693
District Court of Appeal of Florida | Filed: Jan 21, 1975 | Docket: 64543777
Published
expiration of the sixty day period provided in Florida Statute 627.-428(2). The action was against appellee and
Massachusetts Indemnity & Life Insurance Co. v. Schupper
301 So. 2d 789, 1974 Fla. App. LEXIS 8608
District Court of Appeal of Florida | Filed: Sep 24, 1974 | Docket: 64541845
Published
filed a motion for attorneys’ fees pursuant to § 627.428, Fla.Stat., F.S.A. On February 19, 1974 after
Hartford Accident & Indemnity Co. v. Citrus Enterprises, Inc.
293 So. 2d 727, 1974 Fla. App. LEXIS 7643
District Court of Appeal of Florida | Filed: May 1, 1974 | Docket: 64538661
Published
attorneys’ fee pursuant to the provisions of Section 627.428(1), Florida Statutes. The amount of said fee
Federal Insurance Co. v. Sarasohn & Co.
281 So. 2d 408, 1973 Fla. App. LEXIS 7682
District Court of Appeal of Florida | Filed: Jul 17, 1973 | Docket: 64533820
Published
review of the propriety of such an award under § 627.428, Fla.Stat., F.S.A., and also argues the excessive
Robert D. Van Buskirk, Inc. v. Southern American Fire Insurance
276 So. 2d 213, 1973 Fla. App. LEXIS 6902
District Court of Appeal of Florida | Filed: Apr 17, 1973 | Docket: 64531710
Published
attorney’s fees under Section 627.0127, F.S. (now Section 627.-428, F.S.1971, F.S.A.). The trial court’s denial
O'Hern v. Donald
278 So. 2d 257, 1973 Fla. LEXIS 5232
Supreme Court of Florida | Filed: Feb 7, 1973 | Docket: 64532465
Published
We have further considered the record and Section 627.428(1), Florida Statutes, 1971, F.S.A.,1 requiring
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 627 in the context of insurance coverage law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.

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Annotations, Discussions, Cases:

Cases Citing Statute 627.428