Lloyd's and Companies of Lloyd's v. Wollard, 81-2446

Citation420 So.2d 940
Decision Date26 October 1982
Docket NumberNo. 81-2446,81-2446
PartiesLLOYD'S AND COMPANIES OF LLOYD'S, a foreign corporation, d/b/a Ropner Insurance Services, Ltd. and Lloyd's Insurance and Reinsurance Brokers, and Ray Hampson and Associates, Inc., Appellants, v. Donald L. WOLLARD d/b/a Sea Lark Marine Co., Appellee.
CourtCourt of Appeal of Florida (US)

Fowler, White, Burnett, Hurley, Banick & Strickroot and William McCarthy, Miami, for appellants.

Marks, Aronovitz & Leinoff and Todd Aronovitz, Miami, for appellee.

Before HENDRY, NESBITT, and DANIEL S. PEARSON, JJ.

PER CURIAM.

A negotiated settlement between an insured and his insurer does not entitle the insured to attorney's fees pursuant to Section 627.428, Florida Statutes (1979). American Home Assurance Co. v. Keller Industries, Inc., 347 So.2d 767 (Fla. 3d DCA 1977), cert. denied, 360 So.2d 1249 (Fla.1978), cert. dismissed, 367 So.2d 1124 (Fla.1979).

Reversed.

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4 cases
  • Mercury Ins. Co. of Florida v. Cooper
    • United States
    • Court of Appeal of Florida (US)
    • 23 Noviembre 2005
    ...($6,000) in recovering the fee. 3. The Wollard court treated a conflict between a decision of this court, see Lloyd's & Cos. of Lloyd's v. Wollard, 420 So.2d 940 (Fla. 3d DCA 1982) decision quashed by Wollard v. Lloyd's & Cos. of Lloyd's, 439 So.2d 217 (Fla. 1983) and contrary decisions fro......
  • Wollard v. Lloyd's and Companies of Lloyd's
    • United States
    • United States State Supreme Court of Florida
    • 6 Octubre 1983
    ...This cause is before this Court because of direct and express conflict between the holding of the Third District, Lloyd's and Companies of Lloyd's v. Wollard, 420 So.2d 940 (Fla.3d DCA 1982), and decisions of all four other district courts of appeal. Gibson v. Walker, 380 So.2d 531 (Fla. 5t......
  • Basik Exports & Imports v. National Ins.
    • United States
    • United States State Supreme Court of Florida
    • 5 Octubre 2005
    ...Id. at 218. The trial court awarded fees under section 627.428, which the third district reversed. See Lloyd's & Co. of Lloyd's v. Wollard, 420 So.2d 940 (Fla. 3d DCA 1982). The Florida Supreme Court, however, disagreed with the third district and reversed. See Wollard, 439 So.2d 217. It re......
  • Guarantee Ins. Co. v. Worker's Temp. Staffing Inc.
    • United States
    • Court of Appeal of Florida (US)
    • 20 Mayo 2011
    ...District reversed, ruling that a negotiated settlement does not entitle the insured to fees. Id. (citing Lloyd's & Cos. of Lloyd's v. Wollard, 420 So.2d 940, 941 (Fla. 3d DCA 1982)). The Florida Supreme Court quashed the Third District's holding, stating: When the insurance company has agre......

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