Government Employees Ins. Co. v. Robinson
| Decision Date | 11 June 1991 |
| Docket Number | Nos. 90-1969,91-42,s. 90-1969 |
| Citation | 581 So.2d 230 |
| Parties | GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign corporation, Appellant, v. Maria ROBINSON and Adrian A. Robinson, her husband, Appellees. 581 So.2d 230, 16 Fla. L. Week. D1549 |
| Court | Florida District Court of Appeals |
Barnett, Clark and Barnard and James K. Clark, Miami, for appellant.
Maguire and Friend and Michael P. Maguire, Coral Gables, for appellees.
Before NESBITT, FERGUSON and LEVY, JJ.
Three issues are presented in this appeal: (1) Whether a judgment may be entered against an uninsured motorist carrier in an amount which exceeds the known policy limits in the absence of a finding of bad faith, (2) whether attorney's fees may be awarded under the sanctions provision of the offer of judgment rule in the absence of evidence or findings that the defendant- insurer acted unreasonably, and (3) whether a multiplier may be applied to enhance an attorney fee award above the amount fixed by an unqualified forty-percent contingency fee agreement between the plaintiffs and their attorney.
We reverse the order denying GEICO's motion to reduce the judgment in accordance with policy limits, and reverse the attorney's fee award to the extent it exceeds the forty percent of recovery that was contractually agreed upon between the plaintiffs and their attorney.
Maria and Adrian Robinson brought this action against GEICO, their automobile insurance carrier, seeking benefits under the uninsured motorist provisions of their policy. They alleged that they had been involved in an automobile accident with an underinsured motorist, and were entitled to damages for personal injuries. GEICO answered, interposing defenses to both liability and the claimed amount of damages. Plaintiffs' $15,000 offer of judgment was rejected. After discovery and an unsuccessful attempt to settle the case through mediation, the case proceeded to trial before a jury. It had been established in the record that the amount of uninsured motorist coverage available under the plaintiffs' policy was limited to $20,000.
At the conclusion of the trial, the jury returned an $88,000 verdict for the plaintiffs--an amount which exceeded the policy limits by $68,000. The trial court denied GEICO's motion to limit the judgment to the policy limit, and entered a judgment for the full amount of the jury verdict. An appeal was taken from that judgment.
A second appeal was taken from an order awarding attorney's fees. Subsequent to the entry of the $88,000 judgment, the plaintiffs moved for fees pursuant to sections 45.061 and 768.79, Florida Statutes (1989), and Florida Rule of Civil Procedure 1.442, the "offer...
To continue reading
Request your trial
-
State Farm Mut. Auto. Ins. v. St. Godard
... ... Allstate Ins. Co. v. Sutton, 707 So.2d 760, 761 (Fla. 2d DCA 1998); Gov't Employees Ins. Co. v. Robinson, 581 So.2d 230, 231 (Fla. 3d DCA 1991); Dixie Ins. Co. v. Lewis, 484 So.2d 89, ... ...
-
Nationwide Mutual Fire Insurance Company v. Voigt, Case No. 2D06-4650 (Fla. App. 10/24/2007)
... ... See State Farm Mut. Auto. Ins. Co. v. St. Godard, 936 So. 2d 5 (Fla. 4th DCA 2006); Gov't Employees Ins. Co. v. Robinson, 581 So. 2d 230 (Fla. 3d DCA 1991); see also State Farm Mut. Auto. Ins ... ...
-
Nationwide Mut. Fire Ins. Co. v. Voigt
... ... Ins. Co. v. St. Godard, 936 So.2d 5 (Fla. 4th DCA 2006); Gov't ... 971 So.2d 242 ... Employees Ins. Co. v. Robinson, 581 So.2d 230 (Fla. 3d DCA 1991); see also State Farm Mut. Auto. Ins. Co. v ... ...
-
Independent Fire Ins. Co. v. Lugassy
... ... Rowe, 472 So.2d 1145 (Fla.1985); Government Employees Ins. Co. v. Robinson, 581 So.2d 230 (Fla. 3d DCA1991), rev. denied, 595 So.2d 557 ... ...