10 Fla. L. Weekly Supp. 985b
Insurance — Attorney’s fees — Insured was not required to specifically plead statutory or contractual basis for claim for attorney’s fees
ROBERTO COLACICCHI, Appellant, vs. PAC GLOBAL INSURANCE BROKERAGE, INC., a corporation, and INSURERS AT AON NETHERLAND INSURANCE BROKERS & RISK CONSULTANTS, Appellees. Circuit Court, 15th Judicial Circuit (Appellate-Civil) in and for Palm Beach County. Case No. 502003AP000177XXCCAY. October17, 2003. Appeal from the County Court in and for Palm Beach County, Peter Evans, Judge. Counsel: Robert L. Saylor, for Appellant. Marc A. Rubin, for Appellant.
Appellant, Roberto Colacicchi, filed suit against Pac Global Insurance Brokerage, Inc. (“PAC”), seeking money damages for an alleged property loss suffered during a move from Palm Beach County to Luxemburg. Colacicchi claimed PAC was liable under a contract insuring his property for the move. Colacicchi filed an Amended Complaint adding Appellee AON Netherland Insurance Brokers & Risk Consultants (“AON”) as a defendant. Paragraph 10 of the Amended Complaint alleged that “(t)he Plaintiff is entitled to attorney’s fees pursuant to the Florida Insurance Code.” The Complaint’s ad damnum clause sought fees as well.
On June 28, 2002, the parties settled the lawsuit. Under the settlement, PAC and AON were to pay Colacicchi $7,250.00 in full settlement of all damages,
excepting only the issue(s) of entitlement and amount of attorney’s fees for which the Plaintiff asserts he is entitled. Plaintiff therefor specifically reserve (sic) the right move for attorneys (sic) fees. Nothing in this settlement shall constitute an admission by either party, nor shall same operate to establish any legal or factual issue in any supplementary proceeding(s) viz-a-viz the Motion for Attorney’s Fees. Plaintiff in no way admit (sic) they (sic) were entitled to less than a full recovery. Defendant in no way admit liability, fault, wrongdoing or other breach of statute, duty or contract. Furthermore, Defendants reserve any and all denials and/or defense, previously raised as they may pertain to the attorney’s fees issue.
Colacicchi then served his Motion for Attorney’s Fees and Costs, citing Florida Statute §627.428, as authority.
The Motion was heard by the lower court on July 16, 2002. Colacicchi abandoned any claim for fees against PAC at the hearing. AON contended that Colacicchi was not entitled to attorney’s fees because (a) AON was not an insurance company; (b) Colacicchi did not plead entitlement to fees under any specific statute; and (c) no judgment had been entered against AON.
On August 1, 2002, the trial judge entered an Order denying Colacicchi’s Motion “for failure to plead entitlement with the requisite specificity.” A transcript of the hearing shows that the trial judge considered only AON’s contention that Colacicchi failed to properly plead his claim for fees.
Since the lower court ruled, the Florida Supreme Court has held that “. . . the specific statutory or contractual basis for a claim for attorney’s fees need not be specifically pled, and that failure to plead the basis of such a claim will not result in waiver of the claim.” Caufield v. Cantele, 837 So. 2d 371, 378 (Fla. 2002). Consequently, it appears Colacicchi properly pled his claim for fees against AON.
This action is reversed and remanded with directions for the trial court to consider the other issues raised by the Motion and AON’s defense thereto.
Reversed and remanded. (MAASS, LABARGA and CROW, JJ., concur.)
* * *
