25 Fla. L. Weekly Supp. 895a
Online Reference: FLWSUPP 2510LDAVInsurance — Homeowners — Attorney’s fees — Proposal for settlement — Where court granted motion to dismiss homeowners’ complaint against insurer, finding no coverage for loss, insurer is entitled to award of attorney’s fees based on unambiguous proposals for settlement made in good faith to each homeowner
LYZDETH DAVILA AND WILLIAM BURGOS, Plaintiff, v. FEDERATED NATIONAL INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2016-20869-CONS. November 1, 2017. Shirley Green, Judge. Counsel: Scot Strems, Coral Gables, for Plaintiff. David Bear, Orlando, for Defendant.
ORDER GRANTING DEFENDANT’S MOTIONFOR ATTORNEY’S FEES AND COSTSPURSUANT TO FLA. STAT. §768.79
THIS MATTER came to be heard on Defendant, FEDERATED NATIONAL INSURANCE COMPANY’S (“Federated National”), Motion For Attorney’s Fees and Costs Pursuant to Florida Statute 768.79, and after a hearing on October 18, 2017, a review of all documents filed with this Court, and being otherwise advised of all pertinent matters, the Court makes the following findings:
1. Federated National, pursuant to Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442, filed a Proposal for Settlement to Lyzdeth Davila in this matter on October 13, 2016.
2. The Proposal for Settlement to Lyzdeth Davila was for $500.
3. Arguments were made by both parties as to whether the Proposal For Settlement to Lydeth Davila was made in good faith and whether the Proposal For Settlement to Lydeth Davila was ambiguous. Having considered these issues, the Court finds that Defendant is entitled to fees and costs under Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442.
4. Defendant, Federated National, pursuant to Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442, filed a Proposal for Settlement to William Bergos in this matter on October 13, 2016.
5. The Proposal for Settlement to William Bergos was for $500.
6. Arguments were made by both parties as to whether the Proposal For Settlement to William Bergos was made in good faith and whether the Proposal For Settlement to William Bergos was ambiguous. Having considered these issues, the Court finds that Defendant is entitled to fees and costs under Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442.
7. On February 22, 2017, the Court entered an Order granting Defendant’s Motion to Dismiss Plaintiff’s Complaint. This Order was intended by the Court to be and was a final order in this case, thereby amounting to a judgment of no liability in this case.
8. Pursuant to the Court’s Order Granting Defendant’s Motion to Dismiss Plaintiff’s Complaint and Federated National’s Proposals for Settlements, Federated National is entitled under Florida Statute 768.79 and Florida Rule of Civil Procedure 1.442 to a judgment against each Plaintiff for attorneys fees and costs incurred from October 13, 2016.
9. The parties have stipulated that the amount of chargable fees incurred is $3,375 and the amount of taxable costs incurred is $2,010. This stipulation to amount is not to be read as a stipulation to entitlement. Plaintiff has not stipulated to entitlement under §768.79 and Rule 1.442.
For the foregoing reasons, Defendant’s Motion For Attorney’s Fees and Costs is GRANTED and Federated National is awarded $3,375 for attorney fees and $2,010 for costs, joint and severally against each Plaintiff.
