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Florida Second DCA rules that prevailing party’s recovery of attorney’s fees in bad faith action includes fees from underlying UM action

On November 13, 2020, in Milling v. The Travelers Home and Marine Insurance Company, No. 2D18-4724, the Florida Second DCA reversed a trial court ruling which had denied the prevailing plaintiff attorney’s fees under § 624.155(4) in a Uninsured Motorist (“UM”) coverage first-party bad faith action.  The fees that were disallowed by the trial court were the fees spent in furtherance of the underlying UM lawsuit (the fees spent directly in furtherance of the subsequent bad faith lawsuit were allowed).  The Second DCA noted that § 624.155(8) defines the recoverable damages in a bad faith lawsuit as including damages which are a reasonably foreseeable result of a specified violation of this section.  The Court concluded that the attorney’s fees in successfully prosecuting the underlying UM cased and fixing the amount of the compensatory damages were recoverable under this definition.

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