28 Fla. L. Weekly Supp. 215a
Online Reference: FLWSUPP 2803KILGInsurance — Attorney’s fees — Insurer should not be joined as party defendant on motion to enter final judgment for attorney’s fees and costs in negligence action where insurer asserted denial of coverage and reservation of rights defenses and claimed attorney’s fees award arose out of proposal for settlement that exceeded policy limits
GOLDIE KILGORE, Plaintiff, v. MARC MOSHER, JR., Defendant. Circuit Court, 4th Judicial Circuit in and for Clay County. Case No. 2015-CA-1050, Division A. April 28, 2020. Michael Sharrit, Judge.
ORDER DENYING MOTION TO ENTERFINAL FEE JUDGMENT AND JOIN INSURER
This matter is before the Court on Plaintiff’s Motion to Enter Final Judgment of Fees and Costs and to Join Defendant’s Insurer as a Party Defendant pursuant to Florida Statute 627.4136. The Court having been advised in the premises finds:
1. With regard to the cost judgment and negligence judgment, Plaintiff concedes Defendant’s insurer should not be joined as a party at this time.
2. With regard to forthcoming fees arising out of Plaintiff’s proposal for settlement, Defendant’s insurer disputes coverage.
3. To the extent there is denied coverage or asserted reservation of rights defenses, the Court may not utilize Fla. Stat. Sec. 627.4136 to join an insurer as a party. Tallahassee Mem. Reg. Med. Ctr., Inc. v. Kinsey, 655 So.2d 1191 (Fla. 1st DCA 1995) [20 Fla. L. Weekly D1211a].
4. Because the claimed attorneys fees arise out of proposal for settlement which exceeds the policy limits, they do not constitute “expenses incurred . . . at our request.” Cf., Gov’t Employees Insurance Co. v. Macedo, 228 So.3d 1111 (Fla. 2017) [42 Fla. L. Weekly S731a] (fees resulting from PFS within policy limits deemed “requested” and “covered” because insco could have exercised control and settlement discretion). .
Therefore, it is;
ORDERED and ADJUDGED:
Plaintiff’s Motion is DENIED.
