Blue Cross of Florida, Inc. v. Hernandez

District Court of Appeal of Florida

Blue Cross of Florida, Inc. v. Hernandez

361 So. 2d 190, 1978 Fla. App. LEXIS 16373

CourtDistrict Court of Appeal of Florida

DecidedJune 27, 1978

DocketNos. 77-1887, 77-1888

StatusPublished

Cited by1 cases

This text of 361 So. 2d 190 (Blue Cross of Florida, Inc. v. Hernandez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blue Cross of Florida, Inc. v. Hernandez, 361 So. 2d 190, 1978 Fla. App. LEXIS 16373 (Fla. Ct. App. 1978).

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Opinion

PER CURIAM.

These appeals by Blue Cross of Florida and Blue Shield of Florida are from awards of attorney’s fees and court costs in an action by Lutgardo Hernandez for failure to pay medical and hospital bills pursuant to a group contract. The issues presented are: (1) whether the court erred in award[191]*191ing court fees and costs because the plaintiff did not file proper proof of loss; (2) whether the court erred because the defendant acted in good faith; (3) whether the court lacked jurisdiction to award fees and costs when a settlement was effected prior to trial.

The factual background of the claim and the failure to pay is long and complicated by the fact that there was confusion as to whether the claim was covered by workmen’s compensation insurance or major medical insurance. The facts were heard by the court prior to the negotiated settlement. It was stipulated that the court would determine the applicability of Section 627.428, Florida Statutes (1977).

We hold that there was evidence before the court upon which it could find the statute applicable. It was his determination that the lawsuit was necessary to effect collection. Cf. Cincinnati Insurance Company v. Palmer, 297 So.2d 96, 98 (Fla. 4th DCA 1974). The trial court had jurisdiction to award the fee upon settlement and post-judgment. Wabash Life Insurance Company v. Rosenberg, 189 So.2d 209 (Fla. 3d DCA 1966).

Affirmed.

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PER CURIAM.

These appeals by Blue Cross of Florida and Blue Shield of Florida are from awards of attorney’s fees and court costs in an action by Lutgardo Hernandez for failure to pay medical and hospital bills pursuant to a group contract. The issues presented are: (1) whether the court erred in award[191]*191ing court fees and costs because the plaintiff did not file proper proof of loss; (2) whether the court erred because the defendant acted in good faith; (3) whether the court lacked jurisdiction to award fees and costs when a settlement was effected prior to trial.

The factual background of the claim and the failure to pay is long and complicated by the fact that there was confusion as to whether the claim was covered by workmen’s compensation insurance or major medical insurance. The facts were heard by the court prior to the negotiated settlement. It was stipulated that the court would determine the applicability of Section 627.428, Florida Statutes (1977).

We hold that there was evidence before the court upon which it could find the statute applicable. It was his determination that the lawsuit was necessary to effect collection. Cf. Cincinnati Insurance Company v. Palmer, 297 So.2d 96, 98 (Fla. 4th DCA 1974). The trial court had jurisdiction to award the fee upon settlement and post-judgment. Wabash Life Insurance Company v. Rosenberg, 189 So.2d 209 (Fla. 3d DCA 1966).

Affirmed.

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Bluebook (online)

361 So. 2d 190, 1978 Fla. App. LEXIS 16373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-cross-of-florida-inc-v-hernandez-fladistctapp-1978.

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