Legal Opinion

Public Health Trust v. State, Department of Management Services, Division of State Employees' Insurance

District Court of Appeal of Florida

Decided November 9, 1993No. 93-306PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Chief Judge.

We reverse the determination below that the state, acting through its Division of State Employees’ Insurance, is not obligated for prejudgment interest on the claim for hospital expenses for which we held it liable in Public Health Trust v. State Dep’t of Management Servs., 605 So.2d 1007 (Fla. 3d DCA 1992).

The state’s asserted defense of sovereign immunity does not bar recovery of prejudgment interest in a successful action in contract, including one of insurance. See Taylor v. New Hampshire Ins. Co., 489 So.2d 207 (Fla. 2d DCA 1986); Miller v. First Serv. Corp., 471…

2Cases cited11 opinions

  1. Argonaut Ins. Co. v. May Plumbing Co.Supreme Court of Florida · 1985
  2. Pan-Am Tobacco v. Department of CorrectionsSupreme Court of Florida · 1984
  3. State v. Family Bank of HallandaleSupreme Court of Florida · 1993
  4. Treadway v. TerrellSupreme Court of Florida · 1935
  5. Flack v. GrahamSupreme Court of Florida · 1984

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Blasland, Bouck & Lee, Inc. v. City of North MiamiCourt of Appeals for the Eleventh Circuit · 2002

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