Insurance Co. of North America v. Lexow

BIRCH, Circuit Judge:

This case presents the issues under Florida law of whether an insured is entitled to prejudgment interest at the statutory rate for recovery on a loss and whether the insured is entitled to attorney’s fees upon determination that the insured, rather than the insurer, is entitled to funds recovered from the tortfeasor responsible for the insured’s loss. The district court awarded prejudgment interest at the statutory rate and denied the insured’s request for attorney’s fees. Upon review of the record and applicable law, we affirm the award of prejudgment interest at the…