Legal Opinion

Omega Insurance Co. v. Johnson

District Court of Appeal of Florida

Decided September 5, 2014No. 5D13-1701Published

1Opinion of the CourtSawaya, J.

Omega Insurance Company seeks review of an order awarding attorneys’ fees pursuant to section 627.428, Florida Statutes (2009), based on application of the confession of judgment doctrine. Specifically, we must determine whether Omega wrongfully withheld policy benefits to its insured, Kathy Johnson, after she filed a claim for sinkhole damage under the policy Omega issued to her, thereby forcing her to file suit to collect her policy benefits. If that is what Omega did, then the order under review should be affirmed. If it did not, reversal of the order is required.

The policy Omega issued to…

2Cases cited24 opinions

  1. Wollard v. Lloyd's & Companies of Lloyd'sSupreme Court of Florida · 1983
  2. Menendez v. Progressive Express Insurance Co.Supreme Court of Florida · 2010
  3. Hassen v. State Farm Mut. Auto. Ins. Co.Supreme Court of Florida · 1996
  4. Insurance Co. of North America v. LexowSupreme Court of Florida · 1992
  5. Cincinnati Insurance Company v. PalmerDistrict Court of Appeal of Florida · 1974

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