Third District Court of Appeal
State of Florida
Opinion filed March 30, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-311
Lower Tribunal No. 19-185
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Citizens Property Insurance Corporation,
Appellant,
vs.
Osvaldo Delgado,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Abby
Cynamon, Judge.
Traub Lieberman Straus & Shrewsberry LLP, C. Ryan Jones and Scot
E. Samis (St. Petersburg), for appellant.
Law Office of Lazaro Vazquez, P.A., and Lazaro Vazquez, for
appellee.
Before SCALES, MILLER and GORDO, JJ.
GORDO, J.
Citizens United Property Insurance Corporation appeals a final
judgment for attorney’s fees entered in favor of Osvaldo Delgado. We have
jurisdiction. Fla. R. App. P. 9.030(b)(1)(A).
Delgado submitted a claim for property damage caused by Hurricane
Irma to Citizens and was furnished with a partial payment of $4,226.32.
Delgado contested this amount, and Citizens demanded an appraisal
pursuant to the terms of the insurance policy. Delgado subsequently filed
suit, and Citizens moved to compel appraisal. After the appraisers
determined the amount of the loss1, Citizens paid the award without further
ado. Delgado was subsequently awarded attorney’s fees pursuant to section
627.428, Florida Statutes.
Citizens argues the award of attorney’s fees was improper because:
(1) Delgado recovered no judgment against it; and (2) the lawsuit itself was
unnecessary to resolve the claim. It is well settled Florida law that Citizens’
payment of the appraisal award constituted a judgment. Johnson v. Omega
Ins. Co., 200 So. 3d 1207, 1215 (Fla. 2016) (“[I]t is well settled that the
payment of a previously denied claim following the initiation of an action for
recovery, but prior to the issuance of a final judgment, constitutes the
functional equivalent of a confession of judgment.”); Ivey v. Allstate Ins. Co.,
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The appraisers agreed on an award of $45,021.26.
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774 So. 2d 679, 684–85 (Fla. 2000) (“[W]here an insurer pays policy
proceeds after suit has been filed but before judgment has been rendered,
the payment of the claim constitutes the functional equivalent of a confession
of judgment or verdict in favor of the insured, thereby entitling the insured to
attorney’s fees.”).
We further find that, as shown by the record in this case, the lawsuit
was a necessary catalyst to effectuate payment of the claim. State Farm
Florida Ins. Co. v. Lime Bay Condo., Inc., 187 So. 3d 932, 935 (Fla. 4th DCA
2016) (“[W]hen an insured moves for attorney’s fees, the underlying issue is
whether the suit was filed for a legitimate purpose, and whether the filing
acted as a necessary catalyst to resolve the dispute and force the insurer to
satisfy its obligations under the insurance contract.”); Lewis v. Universal
Prop. & Cas. Ins. Co., 13 So. 3d 1079, 1082 (Fla. 4th DCA 2009) (“[W]hether
suit is filed before or after the invocation of the appraisal process is not
determinative of the insured’s right to fees; rather, the right to fees turns upon
whether the filing of the suit served a legitimate purpose.”); First Floridian
Auto & Home Ins. Co. v. Myrick, 969 So. 2d 1121, 1124 (Fla. 2d DCA 2007)
(finding the involvement of the judicial system was necessary where the
insurer was asserting a coverage defense).
Affirmed.
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