SDV Insights

Court Affirms Fees Award for Chasing Coverage Despite Policyholder Lying


Florida’s Third District Court of Appeals recently held that, despite a jury finding that the homeowners intentionally misrepresented material facts, the insurer was required to pay attorney fees after the insurer lost its counter-claim against the homeowners.

In Citizens Prop. Ins. Corp. v. Bascuas, 2015 Fla. App. LEXIS 15183 (Fla. Dist. Ct. App. 3d Dist. Oct. 14, 2015), there was a finding of fact, in the trial court, that the homeowners lied to the insurer. The homeowners lost their main case, but the insurer also lost its counterclaim for unjust enrichment. Despite losing their main case and a finding that they had lied, the court awarded the homeowners attorney’s fees under Fla. Stat. § 627.428.

On appeal, the Florida’s Third District Court of Appeals affirmed the fee award to the homeowner as required under Fla. Stat. § 627.428, noting that there was no fraud exception in the statute and that making such an exception would be a job for the legislature.

For more information, read our recent article Court Affirms Fees Award for Chasing Coverage Despite Policyholder Fraud, published in Florida’s Daily Business Review.






CONTACT US

The email you are sending does not create an attorney-client relationship with SDV. We do not agree to representation until we have performed a check for conflicts of interest and expressly agree to provide services in a particular matter via an engagement letter. The information submitted to us via this website will NOT be treated as confidential or privileged as a lawyer/client communication and our receipt of this information does not prevent us from representing a client related to the subject of your inquiry.

Northeast

35 Nutmeg Drive
Trumbull, CT 06611

203.287.2100

Southeast

851 5th Avenue N
Naples, FL 34102

239.316.7244

West Coast

27368 Via Industria
Temecula, CA 92590

951.365.3145


SDV is based in Connecticut, conveniently located between New York City and Boston, with regional offices in Florida and California to better serve our clients. We're ready to answer your questions and eager to assist you in developing solutions.