Legal Opinion

Ottaviano v. Nautilus Ins. Co.

District Court, M.D. Florida

Decided September 18, 2009No. Case 8:08-CV-2204-T-33TGWPublished

1Opinion of the Court

ORDER

VIRGINIA M. HERNANDEZ COVINGTON, District Judge.

THIS CAUSE came on for consideration upon the Motion to Determine Entitlement to Award of Attorney Fees and Taxable Costs (Doc. II). 1 Because the defendant’s settlement of this case is equivalent to a confession of judgment, the plaintiff is entitled to an award of attorney’s fees pursuant to Fla. Stat., § 627.428.

I

The plaintiff, James Ottaviano, is a contractor who builds commercial swimming pools (Doc. 11-5, Ex. G, ¶ 2). He was insured by the defendant under a Commercial General Liability insurance policy (id, p. 8; id. at Ex. G, ¶ 2).…

2Cases cited17 opinions

  1. Ivey v. Allstate Ins. Co.Supreme Court of Florida · 2000
  2. Wollard v. Lloyd's & Companies of Lloyd'sSupreme Court of Florida · 1983
  3. STATE FARM FLORIDA INS. CO. v. LorenzoDistrict Court of Appeal of Florida · 2007
  4. Pepper's Steel & Alloys, Inc. v. United StatesSupreme Court of Florida · 2003
  5. First American v. Nat. Union Fire Ins.District Court of Appeal of Florida · 1997

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