Florida District Courts of Appeal, 2014

Vivas v. State Farm Florida Insurance Co.

Vivas v. State Farm Florida Insurance Co.
Florida District Courts of Appeal · Decided March 5, 2014 · Logue, Rothenberg, Scales
138 So. 3d 479; 2014 WL 860761; 2014 Fla. App. LEXIS 3072 (Southern Reporter, Third Series)
Vivas v. State Farm Florida Insurance Co.

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Because we agree with the trial court that the insurer did not wrongfully cause the insureds to resort to litigation, we affirm the trial court’s denial of attorney’s fees and costs. See generally Beverly v. State Farm Fla. Ins. Co., 50 So.3d 628, 633 (Fla. 2d DCA 2010) (quoting Clifton v. United Cas. Ins. Co. of Am., 31 So.3d 826, 829 (Fla. 2d DCA 2010)) (“[A]n insurer’s post-suit payment of additional policy proceeds entitles the insured to section 627.428 attorney’s fees where the insurer ‘wrongfully caus[ed] its insured to resort to litigation in order to resolve a conflict with its insurer when it was within the company’s power to resolve it.’ ”).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.