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Ngày: Thứ ba, 12-03-2013, 23:37 | Message # 1 |
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On appeal, the first issue concerns the question of when an insurance company is obligated to pay attorney's fees under section 627.428(1), Florida Statutes (1983), if it is faced with conflicting claims to the insurance policy proceeds. The general rule is to the effect that an insurance company must pay those attorney's fees if the company wrongfully caused the parties to resort to litigation by not resolving the conflict when it was reasonably within the company's power to do so. For example, the insurance company was required to pay the beneficiary's attorney's fees in Kurz v. New York Life Insurance Co., 168 So.2d 564 (Fla. 1st DCA 1964), where the litigation resulted from the insurance company's failure to give effect to a provision in its own policy. In contrast, the insurance company was not required to pay the beneficiaries' attorney's fees in either New York Life Insurance Co. v. Shuster, 373 So.2d 916 (Fla. 1979), or Manufacturers Life Insurance Co. v. Cave, 295 So.2d 103 (Fla. 1974) where the litigation resulted from beneficiaries' claims that change of beneficiary forms were forged, a type of claim that the insurance company could reasonably be expected to be resolved by a court. jeordiara heartburn pregnancy <a href="http://yayoband.com/sitemap.xml">cause of heartburn</a> heartburn after eating 20146624
Civil Procedure > Remedies > Costs & Attorney Fees > General Overview jeordiara heartburn kidney stones <a href="http://yayoband.com/sitemap.xml">cause for heartburn</a> heartburn ephron 17756104 |
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