Legal Opinion

Atain Specialty Insurance Company v. Henry's Carpet & Interiors, Inc.

District Court, S.D. Florida

Decided September 30, 2021No. 0:20-cv-62089Unknown

1Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 20-62089-CIV-ALTMAN/Hunt ATAIN SPECIALTY INSURANCE CO., Plaintiff, v. HENRY’S CARPET & INTERIORS, INC., et al., Defendants. ________________________________/ ORDER Florida law requires us to award attorneys’ fees to an insured who wins a judgment against its insurer. Because we dismissed this declaratory-judgment action—brought by an insurer against its insured—we have no discretion to deny an award of reasonable attorneys’ fees. And, since there’s nothing left to litigate here, the question of fees is now ripe for…

2Cases cited10 opinions

  1. Thomas v. ArnSupreme Court of the United States · 1986
  2. In Re EgidiCourt of Appeals for the Eleventh Circuit · 2009
  3. Jones v. Florida Ins. Guar. Ass'n, Inc.Supreme Court of Florida · 2005
  4. Wollard v. Lloyd's & Companies of Lloyd'sSupreme Court of Florida · 1983
  5. STATE FARM FLORIDA INS. CO. v. LorenzoDistrict Court of Appeal of Florida · 2007

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API