HomeMy WebLinkAbout2913 against Aetna and not against May, its insured. Aetna claims
that Smith is liable for whatever amount Aetna is found liable
to Fireman's, based on the save harmless and indemnification
agreement provisions of the settlement agreement. May and
Smith contend that they are entitled to attorneys fees under
F.S. 627.736(8) and 627.428.
- Under this judgment, Fireman's is entitled to only
12X of the PIP payments of $5,000, or $600.00. In this suit,
Fireman's claims it is entitled to be reimbursed for the entire
$5,000. May and Smith are clearly the prevailing party in this
final judgment. The initial action by Fireman's is based on
the PTP benefits it paid under its policy with May. Under F.S.
627.736(8), the provisions of a dispute of F.S. 627.736(3), F.S.
627.428 shall apply. "F.S. 627.428 provides for attorneys fees
and May and Smith are entitled as prevailing party to a reason-
able attorney's fee.
Under F.S. 627.736(3)(b), the insured was awarded
" attorneys fees against its insurance company when the. insurance"
company demanded 80X of the benefits paid and the Court found
that it"was only entit-led to 18X of the benefits paid in
Reliance Insurance Companies v Rilby, 336 Sold 629 (4 DCA 1976).
In this case, Fireman's is demanding 100X of the benefits, and
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the Court awarded 12X of the benefits paid. May and Smith are
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therefore entitled to $1,950 as a reasonable attorney's fee.
f
" It is thereupon
E
~ ORDERBD and ADJUDGED
1. Fireman's Fund Insurance Company recover from
~ The Aetna Casualty b Surety Company the sum of $600.00;
15
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2. The Aetna Casualty b Surety Company, on it,s
third party complaint, shall recover of and from William Clarence
~ May and Rupert J. Smith the sun of $600.00;
r 3. William Clarence May and Rupert J. Smith shall
recover from Fireman's Fund Insurance Company on their cross-
; claim the sum of $1,950.00 for reasonable attorneys' fees.
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