Cartwright v. Allstate Insurance Co.

District Court of Appeal of Florida

Cartwright v. Allstate Insurance Co.

441 So. 2d 688, 1983 Fla. App. LEXIS 24088

CourtDistrict Court of Appeal of Florida

DecidedNovember 16, 1983

DocketNo. 83-612

StatusPublished

This text of 441 So. 2d 688 (Cartwright v. Allstate Insurance Co.) 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.

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Cartwright v. Allstate Insurance Co., 441 So. 2d 688, 1983 Fla. App. LEXIS 24088 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We affirm that portion of the final judgment which allowed appellants’ uninsured motorist insurer, Allstate, a setoff against an arbitration award equal to the tort-feasor’s liability coverage. Government Employees Insurance Company v. Lang, 387 So.2d 976 (Fla. 2d DCA 1980); Bruno v. Travelers Insurance Company, 386 So.2d 251 (Fla. 3d DCA 1980); Dickey v. Grange Mutual Casualty Company, 370 So.2d 1234 (Fla. 2d DCA 1979); State Farm Mutual Auto Insurance Company v. Diem, 358 So.2d 39 (Fla. 3d DCA 1978). However, we reverse the trial court’s decision not to award attorney’s fees for the time expended to prepare the motion to compel arbitration. U.S. Fidelity and Guaranty Company v. State Farm Mutual Automobile Insurance Company, 369 So.2d 410, 412 (Fla. 3d DCA 1979).

Accordingly, we affirm in part, reverse in part and remand with instructions to award appellants a reasonable attorney’s fee for preparation of the motion to compel arbitration.

GLICKSTEIN and HURLEY, JJ., and SMITH, CHARLES E., Associate Judge, concur.

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PER CURIAM.

We affirm that portion of the final judgment which allowed appellants’ uninsured motorist insurer, Allstate, a setoff against an arbitration award equal to the tort-feasor’s liability coverage. Government Employees Insurance Company v. Lang, 387 So.2d 976 (Fla. 2d DCA 1980); Bruno v. Travelers Insurance Company, 386 So.2d 251 (Fla. 3d DCA 1980); Dickey v. Grange Mutual Casualty Company, 370 So.2d 1234 (Fla. 2d DCA 1979); State Farm Mutual Auto Insurance Company v. Diem, 358 So.2d 39 (Fla. 3d DCA 1978). However, we reverse the trial court’s decision not to award attorney’s fees for the time expended to prepare the motion to compel arbitration. U.S. Fidelity and Guaranty Company v. State Farm Mutual Automobile Insurance Company, 369 So.2d 410, 412 (Fla. 3d DCA 1979).

Accordingly, we affirm in part, reverse in part and remand with instructions to award appellants a reasonable attorney’s fee for preparation of the motion to compel arbitration.

GLICKSTEIN and HURLEY, JJ., and SMITH, CHARLES E., Associate Judge, concur.

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441 So. 2d 688, 1983 Fla. App. LEXIS 24088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cartwright-v-allstate-insurance-co-fladistctapp-1983.

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