Dennis J. Wall, Author, Counsel and Consultant
Email: DJW@dennisjwall.com

The United States District Court for the Middle District of Florida entered an Order denying Attorney's Fees and Costs on July 13, 2005. The holding is significant for many reasons, to policyholders and insurance companies alike.

With regard to Attorney's Fees, on the facts the Court held that policyholders were not entitled to recover from an insurance company which had defended itself vigorously but honorably. The policyholders alleged many grounds for their claim, but the Federal Court held that on the facts of that case no ground supported them.

With respect to Attorney's Fees under the law, the Court held in pertinent part in particular, that the State Statute in question did not apply. The claim was based in part on Florida's Attorney's Fees Statute for Insureds Against Their Insurers, Fla. Stat. § 627.428.

Finally, the Court held in that case that Costs were not appropriate, either, because a substantial part of the case was devoted to the Counterclaim by the policyholders alleging multiple theories of Good Faith and Fair Dealing, in light of the Court's previous holdings that the Counterclaim stated no claims upon which relief could be granted.

These holdings may or may not apply to your pending cases and the law of each jurisdiction should be consulted. However, if you would like a copy of this very recent Order, it is available for your convenience by clicking on the following link:  Order on Attorney Fees Motions July 13, 2005 .

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