Florida District Courts of Appeal, 2004

Galante v. USAA Casualty Insurance Co.

Galante v. USAA Casualty Insurance Co.
Florida District Courts of Appeal · Decided April 7, 2004 · Farmer, Gunther
868 So. 2d 1291; 2004 Fla. App. LEXIS 4605; 2004 WL 735843 (Southern Reporter, Second Series)

Galante v. USAA Casualty Insurance Co.

Opinion of the Court

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 Co., 591 So.2d 621, 626 (Fla. 1992), superseded by statute as stated in Time Ins.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 *1292incurred in the original underlying action as a result of the insurer’s bad faith actions”).

GUNTHER and MAY, JJ., concur.

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