Dr. Scott J. Swerdlin v. Florida Municipal Insurance Trust
District Court of Appeal of Florida
1Opinion of the CourtGerber, J.
The plaintiff appeals from the circuit court’s orders: (1) granting the defendant’s motion to dismiss his breach of insurance contract action with prejudice; and (2) denying the plaintiffs motion for defense cost determination under section 627.426(2)(b)S., Florida Statutes (2012) (“Reasonable fees for the [insured’s] counsel may be agreed upon between [the insured and the liability insurer] or, if no agreement is reached, shall be set by the court.”). The plaintiff primarily argues that the court erred in dismissing the action by going outside of the four corners of his complaint and- its…
2Cases cited7 opinions
- Edwards v. LandsmanDistrict Court of Appeal of Florida · 2011
- Barbado v. GREEN & MURPHY, PADistrict Court of Appeal of Florida · 2000
- Independent Fire Ins. Co. v. ArvidsonDistrict Court of Appeal of Florida · 1992
- US Project Management, Inc. v. PARC ROYALE EAST DEV., INC.District Court of Appeal of Florida · 2003
- FFB GENERAL INS. CO. v. Insurance Co. of North AmericaDistrict Court of Appeal of Florida · 2000
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