Legal Opinion

Indiana Lumbermens Mutual Insurance Co. v. Pennsylvania Lumbermens Mutual Insurance Co.

District Court of Appeal of Florida

Decided March 6, 2013No. 4D11-3822PublishedCited by 1 opinion

1Opinion of the CourtMay, C.J.

Two insurance carriers take their corners and come out slugging over attorney’s fees. The losing carrier argues the trial court erred in denying it attorney’s fees, pursuant to section 627.428, Florida Statutes (2010). We agree and reverse.

The fee dispute arose from a homeowner’s insurance claim. In 2005, the homeowners sued the developer for dam*265ages from water intrusion. The developer filed a third-party complaint against the subcontractor, which had installed the exterior doors. The complaint sought indemnity and contribution based on the express terms of the subcontract.

Two insurance…

2Cases cited6 opinions

  1. Continental Cas. Co. v. Ryan Inc. EasternSupreme Court of Florida · 2008
  2. Danis Industries v. GROUND IMP. TECH.Supreme Court of Florida · 1994
  3. All Ways Reliable Building Maintenance, Inc. v. MooreSupreme Court of Florida · 1972
  4. Jerkins v. USF & G Specialty Ins. Co.District Court of Appeal of Florida · 2008
  5. Pennsylvania Lumbermens Mutual Insurance Co. v. Indiana Lumbermens Mutual Insurance Co.District Court of Appeal of Florida · 2010

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

3Cited by1 opinion

  1. Tampa Chiropractic Center, Inc. v. State Farm Mutual Automobile Insurance Co.District Court of Appeal of Florida · 2014

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