RECOVERY 911 RESTORATION INC v. CONTINENTAL CASUALTY COMPANY (2018)

The petition for writ of certiorari is denied. See State Farm Fla. Ins. Co. v. Colella, 95 So. 3d 891, 896 (Fla. 2d DCA 2012) (“[T]he confession of judgment rule ․ is not absolute․ [T]he rule is intended to penalize insurance companies for wrongfully causing an insured to resort to litigation. From this record, it is not apparent that [the insured] ever was required to ‘resort’ to litigation.” (quotation omitted) ); State Farm Fla. Ins. Co. v. Lorenzo, 969 So. 2d 393, 398 (Fla. 5th DCA 2007) (“While Florida law does hold that payments are treated as confessions of judgment where an insurer first disputes the claim and then settles, the existence of a bona fide dispute and not the mere possibility of a dispute, is a crucial condition precedent to such a holding. Here, as noted above, there was been no such breach shown.”); Tristar Lodging, Inc. v. Arch Speciality Ins. Co., 434 F. Supp. 2d 1286, 1300 (M.D. Fla. 2006) (“[T]he long-standing policy of the state of Florida [is] that attorney's fees are not available under the statute unless there is a showing that the insurance company incorrectly denied benefits.”).

Upon consideration of petitioner's request for attorneys' fees, it is ordered that said request is hereby denied.

EMAS, LUCK and LINDSEY, JJ., concur.