Galante v. USAA Casualty Insurance Co.

District Court of Appeal of Florida

Galante v. USAA Casualty Insurance Co.

868 So. 2d 1291, 2004 Fla. App. LEXIS 4605, 2004 WL 735843

CourtDistrict Court of Appeal of Florida

DecidedApril 7, 2004

DocketNo. 4D03-247

StatusPublished

This text of 868 So. 2d 1291 (Galante v. USAA Casualty 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.

Bluebook

Galante v. USAA Casualty Insurance Co., 868 So. 2d 1291, 2004 Fla. App. LEXIS 4605, 2004 WL 735843 (Fla. Ct. App. 2004).

Pincite

Opinion

FARMER, C.J.

We affirm the final judgment in this negligence action. Our affirmance is without prejudice to the right of the Galantes to recover attorney’s fees in any action against their insurer for bad faith in refusing to settle. See McCleod v. Cont’l Ins. Co., 591 So.2d 621, 626 (Fla.1992), superseded by statute as stated in Time Ins. Co. v. Burger, 712 So.2d 389 (Fla.1998) (“we hold that the damages recoverable in a first-party suit under section 624.155 ... are those amounts which are the natural, proximate, probable, or direct consequence of the insurer’s bad faith actions.... Such damages may include ... attorney’s fees incurred by the plaintiffs. The attorney’s fees recoverable shall also include any fees [1292]*1292incurred in the original underlying action as a result of the insurer’s bad faith actions”).

GUNTHER and MAY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

FARMER, C.J.

We affirm the final judgment in this negligence action. Our affirmance is without prejudice to the right of the Galantes to recover attorney’s fees in any action against their insurer for bad faith in refusing to settle. See McCleod v. Cont’l Ins. Co., 591 So.2d 621, 626 (Fla.1992), superseded by statute as stated in Time Ins. Co. v. Burger, 712 So.2d 389 (Fla.1998) (“we hold that the damages recoverable in a first-party suit under section 624.155 ... are those amounts which are the natural, proximate, probable, or direct consequence of the insurer’s bad faith actions.... Such damages may include ... attorney’s fees incurred by the plaintiffs. The attorney’s fees recoverable shall also include any fees [1292]*1292incurred in the original underlying action as a result of the insurer’s bad faith actions”).

GUNTHER and MAY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

868 So. 2d 1291, 2004 Fla. App. LEXIS 4605, 2004 WL 735843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galante-v-usaa-casualty-insurance-co-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack