Canal Insurance Co. v. SP Transport, Inc.

This appeal presents the question whether, under the confession of judgment rale of Florida law, an insured is entitled to attorney’s fees when its insurer settles a third-party tort claim on behalf of the insured and, as a result, the district court dismisses as moot a related complaint for a declaratory judgment filed by the insurer. SP Transport, Inc., appeals the denial of its motion for attorney’s fees. After an SP Transport truck was involved in an acci dent that killed the driver of the truck and a passenger, Canal Insurance Company sought a declaratory judgment that it was not…