Tag: Goldman v. USAA

8 May, 2018

Appellate Case Law Update – When Are Attorney’s Fees Under Florida Statute Section 627.428 Appropriate?

The Fourth District Court of Appeal recently reaffirmed under what scenario an insured may be entitled to fees under Florida Statute section 627.428 in a claims adjusting dispute.  In Goldman v. USAA, 4D17-1098 (Fla. 4th DCA 2018), homeowners notified their insurer about a plumbing leak that damaged their home.  USAA investigated the claim and issued payment.  The homeowners filed suit for breach of contract without letting USAA know they disputed the insurance payment.  USAA moved to compel appraisal and paid the amount of the subsequent appraisal award, which established the […]

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