Lee v. Government Employees Insurance Co.

District Court of Appeal of Florida

Lee v. Government Employees Insurance Co.

388 So. 2d 346, 1980 Fla. App. LEXIS 17673

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 1980

DocketNo. TT-94

StatusPublished

Cited by2 cases

This text of 388 So. 2d 346 (Lee v. Government Employees 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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Lee v. Government Employees Insurance Co., 388 So. 2d 346, 1980 Fla. App. LEXIS 17673 (Fla. Ct. App. 1980).

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Opinion

McCORD, Judge.

Appellant appeals from the trial court’s order denying appellant attorney’s fees and costs incurred when appellant had to resort to the procedures set forth in § 627.427(2), Florida Statutes, to collect a judgment against appellee, Government Employees Insurance Company (GEICO). We agree with the trial court which held:

F.S. 627.427(2) does not specifically authorize the assessment of attorney’s fees and costs against an insurance carrier for services rendered by the plaintiff’s attorney in implementing the procedure set forth in § 627.427, F.S. where the insurance carrier fails to pay the judgment within sixty (60) days after the entry thereof.

Appellant relies on the last sentence of § 627.427(2) which provides that, after an insurer’s certificate of authority has been revoked for failure to satisfy a judgment or decree, the insurer will not be issued a new certificate of authority until the judgment is satisfied and “until the expenses and fees incurred in the case are also paid by the insurer.” The above-quoted wording does not authorize the award of attorney’s fees and costs incurred subsequent to the conclusion of a case in which a judgment has been rendered. Therefore, we affirm the trial court.

Although we have concluded that § 627.-427(2) does not authorize the award of attorney’s fees and costs incurred subsequent to the rendition of a judgment, this case illustrates the need for such statutory authorization. We, therefore, recommend its consideration by the Legislature,

AFFIRMED,

MILLS, C. J:, and. THOMPSON, J., concur

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McCORD, Judge.

Appellant appeals from the trial court’s order denying appellant attorney’s fees and costs incurred when appellant had to resort to the procedures set forth in § 627.427(2), Florida Statutes, to collect a judgment against appellee, Government Employees Insurance Company (GEICO). We agree with the trial court which held:

F.S. 627.427(2) does not specifically authorize the assessment of attorney’s fees and costs against an insurance carrier for services rendered by the plaintiff’s attorney in implementing the procedure set forth in § 627.427, F.S. where the insurance carrier fails to pay the judgment within sixty (60) days after the entry thereof.

Appellant relies on the last sentence of § 627.427(2) which provides that, after an insurer’s certificate of authority has been revoked for failure to satisfy a judgment or decree, the insurer will not be issued a new certificate of authority until the judgment is satisfied and “until the expenses and fees incurred in the case are also paid by the insurer.” The above-quoted wording does not authorize the award of attorney’s fees and costs incurred subsequent to the conclusion of a case in which a judgment has been rendered. Therefore, we affirm the trial court.

Although we have concluded that § 627.-427(2) does not authorize the award of attorney’s fees and costs incurred subsequent to the rendition of a judgment, this case illustrates the need for such statutory authorization. We, therefore, recommend its consideration by the Legislature,

AFFIRMED,

MILLS, C. J:, and. THOMPSON, J., concur

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388 So. 2d 346, 1980 Fla. App. LEXIS 17673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-government-employees-insurance-co-fladistctapp-1980.

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