Cases from cite.case.law:

BRYANT v. GEOVERA SPECIALTY INSURANCE COMPANY,, 271 So. 3d 1013 (Fla. App. Ct. 2019)

. . . Most of the cases addressing the confession-of-judgment doctrine involved the application of section 627.428 . . . surplus lines carriers are subject to an attorney's fees statute that is nearly identical to section 627.428 . . . Because section 626.9373 is patterned after section 627.428, the confession-of-judgment doctrine applicable . . . to section 627.428 applies equally to section 626.9373. . . . Jan. 15, 2019) (explaining that sections 627.428 and 626.9373 "are nearly identical" and that "courts . . .

PETRI POSITIVE PEST CONTROL, INC. a v. CCM CONDOMINIUM ASSOCIATION, INC. a d b a, 271 So. 3d 1001 (Fla. App. Ct. 2019)

. . . Ground Improvement Techniques, Inc. , 645 So.2d 420, 421-22 (Fla. 1994), in which, considering section 627.428 . . . While the court relied on Danis and Scottsdale Insurance Co. , section 627.428 is not the same as section . . . Danis established that under section 627.428, an insured is a prevailing party only when the insured . . .

MIAMI DADE COUNTY MRI CORP. v. UNITED AUTOMOBILE INSURANCE COMPANY,, 271 So. 3d 151 (Fla. App. Ct. 2019)

. . . (2) an order denying Miami Dade County MRI Corporation's motion for attorney's fees under sections 627.428 . . . granting Miami Dade County MRI Corporation's motion for appellate attorney's fees filed under sections 627.428 . . .

BROWN, v. LAWN ENFORCEMENT AGENCY, INC., 369 F. Supp. 3d 1224 (N.D. Fla. 2019)

. . . Palma , 629 So.2d 830, 833 (Fla. 1993) (holding that for purposes of section 627.428, Florida Statutes . . .

MALOY, v. SCOTTSDALE INSURANCE COMPANY,, 376 F. Supp. 3d 1249 (M.D. Fla. 2019)

. . . . § 627.428 is substantive law for Erie purposes.") ). . . . Stat. § 627.428 to be persuasive as to § 626.9373(1). . . . Florida's cases have uniformly held that a section 627.428 attorney's fee award may be appropriate where . . .

FCCI COMMERCIAL INSURANCE COMPANY, v. PULTE HOME CORPORATION, a, 266 So. 3d 278 (Fla. App. Ct. 2019)

. . . Appellee's motion for attorney's fees based on section 627.428, Florida Statutes, is provisionally granted . . . the trial court shall determine Appellee's entitlement to fees for this appeal pursuant to section 627.428 . . . Appellee is entitled to fees, the trial court shall assess fees against Appellant pursuant to section 627.428 . . .

CERTIFIED WINDSHIELD, LLC, a a o v. GEICO GENERAL INSURANCE CO., 264 So. 3d 217 (Fla. App. Ct. 2018)

. . . LLC seeks review of the circuit court's order denying its motion for attorney's fees under section 627.428 . . . did not prevail on appeal in the circuit court and is therefore not entitled to fees under section 627.428 . . . Co., 944 So.2d 252, 254 (Fla. 2006) ("[U]nder the plain language of section 627.428(1), an appellate . . .

GABLES INSURANCE RECOVERY, INC. v. CITIZENS PROPERTY INSURANCE CORPORATION,, 261 So. 3d 613 (Fla. App. Ct. 2018)

. . . recover, collect, retain and otherwise [was] entitled to receive any attorney fees and costs under 627.428 . . . Gables Recovery twenty percent of any recovered insurance money plus "any attorney fees and costs under 627.428 . . . Gables Recovery was also entitled to receive "any attorney fees and costs under 627.428 [sic] or any . . . argument that Gables Recovery's in-house attorney's claim for attorney's fees and costs under section 627.428 . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. LAGUERRE,, 259 So. 3d 169 (Fla. App. Ct. 2018)

. . . Citizens agreed that Laguerre was entitled to attorney's fees under section 627.428, Florida Statutes . . . parties stipulated that the insureds were entitled to reasonable attorney's fees pursuant to section 627.428 . . . The Florida Supreme Court stated that "the purpose of section 627.428 is to 'discourage insurance companies . . .

J. P. F. D. INVESTMENT CORPORATION, v. UNITED SPECIALTY INSURANCE COMPANY,, 322 F. Supp. 3d 1263 (M.D. Fla. 2018)

. . . Stat. § 627.428. Doc. No. 30 at 18. On February 12, 2018, Defendant filed a response to the Motion. . . . Stat. § 627.428(1), which states: Upon the rendition of a judgment or decree by any of the courts of . . . Stat. § 627.428(1) (emphasis added). . . . Florida state courts "have consistently held that the purpose of section 627.428... is to discourage . . . In other words, Section 627.428 attorneys' fees "are not a statutory right of the insured whenever a . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HEALTH AND WELLNESS SERVICES, INC., 389 F. Supp. 3d 1137 (S.D. Fla. 2018)

. . . Coll, within his motion to dismiss, also seeks attorneys' fees under Florida statute sections 627.428 . . .

ZURICH AMERICAN INSURANCE COMPANY, v. SOUTHERN- OWNERS INSURANCE COMPANY,, 314 F. Supp. 3d 1284 (M.D. Fla. 2018)

. . . entitled to recover the attorney's fees it incurred in this litigation pursuant to Florida Statute section 627.428 . . . Stat. § 627.428 In ZAIC's Motion, ZAIC contends that it is entitled to recover the attorney's fees incurred . . . in this litigation pursuant to Florida Statute section 627.428. . . . fee to an insured is dependent upon the conditions imposed by the statute [ Florida Statute section 627.428 . . . Specifically, section 627.428 provides: (1) Upon the rendition of a judgment or decree by any of the . . .

GOLDMAN v. UNITED SERVICES AUTOMOBILE ASSOCIATION,, 244 So. 3d 310 (Fla. App. Ct. 2018)

. . . steps that breach the contract, that the insured may be entitled to an award of fees under section 627.428 . . . that it is the incorrect denial of benefits that triggers an award of attorney's fees under section 627.428 . . .

HERNANDEZ a k a v. L. HEIKKA,, 240 So. 3d 33 (Fla. App. Ct. 2018)

. . . a final judgment awarding Rebecca Heikka $361,775 in attorney's fees and costs pursuant to section 627.428 . . . Although we agree with Appellant that the trial court erred in awarding fees under section 627.428, the . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. ANDERSON,, 241 So. 3d 221 (Fla. App. Ct. 2018)

. . . prevailing at trial, Anderson sought attorneys' fees and costs pursuant to sections 57.041, 92.231, and 627.428 . . .

TOWER HILL SIGNATURE INSURANCE COMPANY, v. JAVELLANA, 238 So. 3d 372 (Fla. App. Ct. 2017)

. . . plaintiffs below, appeal the denial of their motion for attorney's fees and costs pursuant to section 627.428 . . . motion on the declaratory judgment count, they were entitled to recover fees and costs under section 627.428 . . . there was no judgment in their favor, and therefore, no entitlement to fees and costs under section 627.428 . . . Costs As for the Javellanas' appeal of the order denying their motion for fees pursuant to section 627.428 . . . See § 627.428(1), Fla. . . .

MAGDALENA, v. TOYOTA MOTOR CORPORATION,, 253 So. 3d 24 (Fla. App. Ct. 2017)

. . . equivalent, when determining whether a party was entitled to an award of attorney's fees under section 627.428 . . .

FORTHUBER, v. FIRST LIBERTY INSURANCE CORPORATION,, 229 So. 3d 896 (Fla. Dist. Ct. App. 2017)

. . . Appellant challenges the adequacy of his attorney’s. fee award, pursuant to section 627.428, Florida . . . consider these hours in its award of a reasonable fee “in favor of the insured,” as provided in section 627.428 . . . Section 627.428 provides that a trial court “shall adjudge or decree against the insurer and in favor . . . insured [who prevails] ... a reasonable sum as fees or compensation for the insured’s ... attorney.” § 627.428 . . . As the plain language of section 627.428 clearly establishes, the fees owed under the statute belong . . .

JOYCE, v. FEDERATED NATIONAL INSURANCE COMPANY,, 228 So. 3d 1122 (Fla. 2017)

. . . The homeowners’ insurance dispute in this case involves the calculation of fees under' section 627.428 . . . Indeed, Quanstrom was a PIP case involving section 627.428, ás was Palma, a case decided by this Court . . . But the plain language of section 627.428 does not contemplate -what may or may not have happened in . . . Rather, section 627.428 simply allows for the award of “a reasonable sum as fees or compensation for . . . the insured’s or beneficiary’s attorney prosecuting the suit in which the Recovery is had.” § 627.428 . . . The Joyces’ right to recover attorney’s fees, is derived from section 627.428, Florida Statutes (2014 . . . , 555 So.2d 836, another case involving the calculation of reasonable attorney’s fees under section 627.428 . . . Nothing in Sarkis suggests that section 627.428 was to be viewed prospectively as a sanction against . . . This Court stated that, the purpose of section 627.428 is to “discourage insurance companies from contesting . . . APPLIED TO ENHANCE AN AWARD OF ATTORNEY’S FEES GRANTED UNDER A FEE-SHIFTING STATUTE SUCH AS SECTION 627.428 . . .

FLORIDA FARM BUREAU CASUALTY INSURANCE COMPANY, v. H. GRAY B., 232 So. 3d 478 (Fla. Dist. Ct. App. 2017)

. . . The trial court awarded Appellee attorney’s fees pursuant to section 627.428(1), Florida Statutes (2015 . . .

WRUBEL, v. SAFECO INSURANCE CO. OF ILLINOIS,, 266 F. Supp. 3d 1372 (S.D. Fla. 2017)

. . . . §§ 627.727(10) and 627.428. [Id. ¶¶23, 25]. . . . Fla. 2008) (including anticipated attorney’s fees under § 627.428 in calculating amount in controversy . . .

SANCHEZ, v. AN LUXURY IMPORTS OF PEMBROKE PINES, INC. d b a, 216 So. 3d 723 (Fla. Dist. Ct. App. 2017)

. . . Section 627.428(1) provides: Upon the rendition of a judgment Or decree by any of the courts of this . . . In Nichols, for example, the court held that section 627.428 allows awards of attorney’s fees against . . . Since section 627.428 applies to appellant’s claim for fees against Safeco, and appellant obtained a . . . Corp., 178 So.3d at 904 (noting that section 627.428 allows for reasonable attorney’s fees). . . . On the issue of fee multipliers under section 627.428, the Fifth District in Holiday v. . . .

W J GROUP ENTERPRISES, INC. d. b. a. v. HOUSTON SPECIALTY INSURANCE COMPANY,, 684 F. App'x 867 (11th Cir. 2017)

. . . . § 627.428—from their insurer, Houston Specialty Insurance Company (“HSIC”). . . . Stat. § 627.428. . . . Stat. § 627.428(1). . . . The purpose of section 627.428 “is to provide an adequate means to afford a level process and make an . . . Co., 200 So.3d 1207, 1209 (Fla. 2016); see also Wollard, 439 So.2d at 218 (section 627.428 is intended . . .

INTERNATIONAL FIDELITY INSURANCE COMPANY, a a v. AMERICARIBE- MORIARITY JV, a, 234 F. Supp. 3d 1242 (S.D. Fla. 2017)

. . . Tilbury also relies principally on the application of Sections 627.428 and 627.756, neither of which . . . cannot override the clear language of the applicable statutes on performance bond claims in Sections 627.428 . . . recoverable—including legal costs—and Florida case law holds that sureties may recover attorneys’ fees under Sections 627.428 . . . Co., 704 So.2d 1371, 1373 (Fla. 1997) (“[T]he plain language of section 627.428 states that reasonable . . . is a surety that fits the definition of insurer for purposes of applying the provisions of section 627.428 . . .

GUSTAFSSON D. v. AID AUTO BROKERS, INC. a a a, 212 So. 3d 405 (Fla. Dist. Ct. App. 2017)

. . . However, the plaintiffs requested attorney’s fees against GAI under section 627.428, Florida Statutes . . . GAI under Chapter 501—instead, their request for attorney’s fees against GAI was limited to section 627.428 . . .

DE LA OSA, v. WELLS FARGO BANK, N. A., 208 So. 3d 259 (Fla. Dist. Ct. App. 2016)

. . . The insured’s motion for attorney’s fees was brought pursuant to section 627.428(1) of the Florida Statutes . . . adjudication on the merits and, therefore, did not entitle the prevailing insured to fees under section 627.428 . . . prejudice is not a judgment or its functional equivalent so to entitle insured to fees under section 627.428 . . .

EXPLORER INSURANCE COMPANY, v. CAJUSMA, v., 178 So. 3d 923 (Fla. Dist. Ct. App. 2016)

. . . Explorer’s still pénding declaratory judgment action seeking attorney’s fees and costs pursuant to section 627.428 . . . Section 627.428 of the Florida Statutes provides, in relevant part: 627.428 Attorneys’ Fees (1) Upon . . . Stat. (2014). " Our1 court has ■ provided the following guidance regarding section 627.428: Section 627.428 . . . the rendition of a judgment against an insurer in an action between the insurer and its insured. § 627.428 . . . In response, O’Malley moved for -attorney’s fees and costs pursuant to section 627.428, asserting that . . .

VOLUSIA COUNTY CATTLEMEN S ASSOCIATION, INC. v. WESTERN WORLD INSURANCE COMPANY,, 218 F. Supp. 3d 1343 (M.D. Fla. 2016)

. . . Attorney’s Fees Plaintiff also seeks an award of attorney’s fees under section 627.428, Florida Statutes . . .

JOHNSON, v. OMEGA INSURANCE COMPANY,, 200 So. 3d 1207 (Fla. 2016)

. . . In conflict with Ivey, the district court incorrectly interpreted section 627.428, Florida Statutes, . . . FACTUAL & PROCEDURAL BACKGROUND Section 627.428, Florida Statutes, outlines the provision under which . . . See § 627.428, Fla. Stat. (2015). . . . Today we address the interpretation of section 627.428, and we begin with a review of the actual text . . . These facts alone warrant an award of attorney’s fees to Johnson under section 627.428. . . . held that “application of the confession of judgment doctrine as a basis to award fees under section 627.428 . . . held that application of the confession of judgment doctrine as a basis to award fees under section 627.428 . . . pay benefits within thirty days after receipt of notice of the claim — in conjunction with section 627.428 . . . claim is irrelevant when determining whether an insured is entitled to attorney’s fees under section 627.428 . . . claim is relevant when determining whether an insured is entitled to attorney’s fees under section 627.428 . . .

SAWGRASS MUTUAL INSURANCE COMPANY, v. MONE, 201 So. 3d 182 (Fla. Dist. Ct. App. 2016)

. . . Appellees thereafter moved for an award of attorney’s fees pursuant to section 627.428, Florida Statutes . . . On appeal, Sawgrass does not dispute Appellees’ entitlement to attorney’s fees under section 627.428, . . . inherently improper when attorney's fees are awarded pursuant to a fee-shifting statute) such as section 627.428 . . .

ALLEN v. STATE FARM FLORIDA INSURANCE COMPANY,, 209 So. 3d 11 (Fla. Dist. Ct. App. 2016)

. . . Section 627.428(1) provides as follows: (1) Upon the rendition of a judgment or decree by any of the . . . Co., 944 So.2d 252, 254 (Fla.2006) (determining that “under the plain language of section 627.428(1), . . . There, the court considered the predecessor of section 627.428, section 627.0127, which had been amended . . . The Florida Supreme Court has continued to approve fee awards under section 627.428(1) in certiorari . . . Manganelli, 3 So.3d 421, 423 (Fla. 4th DCA 2009) (recognizing that the purpose of section 627.428 is . . .

MILLER, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 200 So. 3d 200 (Fla. Dist. Ct. App. 2016)

. . . Section 631.70 states: The provisions of s. 627.428 providing for an attorney’s fee shall not be applicable . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. NUNEZ, 194 So. 3d 1064 (Fla. Dist. Ct. App. 2016)

. . . recommendation, but the policyholder refuses, the insurer is not liable for attorney’s fees under section 627.428 . . .

FLORIDA PENINSULA INSURANCE COMPANY, v. WAGNER, 196 So. 3d 419 (Fla. Dist. Ct. App. 2016)

. . . . • • » The Wagners then filed a motion to recover attorneys’ fees and costs pursuant to section 627.428 . . .

PATON, v. GEICO GENERAL INSURANCE CO., 190 So. 3d 1047 (Fla. 2016)

. . . When a party files for attorney’s fees against an insurance' company pursuant to sections 624.155 and 627.428 . . . defendant insurance company in a contested claim for attorney’s fees filed pursuant to sections 624.155 and 627.428 . . .

STATE FARM FLORIDA INSURANCE COMPANY, v. LIME BAY CONDOMINIUM, INC., 187 So. 3d 932 (Fla. Dist. Ct. App. 2016)

. . . Co., 13 So.3d 1079, 1081 (Fla. 4th DCA 2009) (“Florida’s cases have uniformly held that a section 627.428 . . . Co., 999 So.2d 684, 688 (Fla. 2d DCA 2008) (holding that the insureds were entitled to section 627.428 . . .

COMPANION PROPERTY CASUALTY INSURANCE CO. v. CATEGORY MANAGEMENT GROUP, LLC,, 189 So. 3d 905 (Fla. Dist. Ct. App. 2016)

. . . Sec. 627.428, as supplemented by any multiplier which may be awarded thereon pursuant to Florida law, . . . Section 627.428, as supplemented by any multiplier which may be awarded thereon pursuant to Florida law . . . Section 627.428.” . . . The Court further finds that Section 627.428 is not a basis to award those attorney fees which would . . . Because the fees incurred for the Alabama litigation could not be awarded based upon ..Section 627.428 . . .

TRAVELERS COMMERCIAL INSURANCE COMPANY, An Co. v. HARRINGTON,, 187 So. 3d 879 (Fla. Dist. Ct. App. 2016)

. . . In addition, we granted appellee’s motion for “prevailing party” attorneys’ fees pursuant to section 627.428 . . . longer the prevailing party and no longer entitled to prevailing party attorneys’ fees under section 627.428 . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. PRO HEALTH PAIN RELIEF CENTER, INC., 185 So. 3d 712 (Fla. Dist. Ct. App. 2016)

. . . Respondent concedes below, and we agree, that “the award of appellate attorney’s fees/ pursuant to section 627.428 . . . its appellate capacity, should have awarded petitioner appellate attorney’s fees, pursuant to section 627.428 . . .

BASTIAN, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA USAA, 150 F. Supp. 3d 1284 (M.D. Fla. 2015)

. . . damages due to breach of contract, for declaratory judgment, and for attorney’s fees pursuant to section 627.428 . . .

STATE FARM FLORIDA INSURANCE COMPANY, v. MOODY,, 180 So. 3d 1165 (Fla. Dist. Ct. App. 2015)

. . . The insureds moved for attorney’s fees pursuant to section 627.428, Florida Statutes, and the trial court . . .

PAVARINI CONSTRUCTION CO. SE INC. a a v. ACE AMERICAN INSURANCE COMPANY, a, 161 F. Supp. 3d 1227 (S.D. Fla. 2015)

. . . . § 627.428(1), authorizes the award of attorney’s fees in this insurance case. . . . motion is GRANTED; insofar as the motion seeks attorney’s fees and costs pursuant to Fla.Stat.Ann. § 627.428 . . .

CITIZENS PROPERTY INSURANCE CORP. v. BASCUAS,, 178 So. 3d 902 (Fla. Dist. Ct. App. 2015)

. . . Bascuas sought fees under' section 627.428(1), Florida Statutes (2012) and costs under section 57.041 . . . when reporting the loss, the trial court erred in awarding attorney’s fees to Bascuas under section 627.428 . . . ANALYSIS Section 627.428(1), Florida Statutes (2014) provides: Upon the rendition of a judgment or decree . . . Given the jury determinations, Bascuas was entitled to its attorney’s fees under- section 627.428(1). . . . The plain language of section 627.428(1) and the case law applying it, supports Bas-cuas’ position: “ . . .

BASTIAN, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA USAA, 137 F. Supp. 3d 1272 (M.D. Fla. 2015)

. . . damages due to breach of contract, for declaratory judgment, and for attorney’s fees pursuant to section 627.428 . . .

STATE FARM FLORIDA INSURANCE COMPANY, v. ALVAREZ, 175 So. 3d 352 (Fla. Dist. Ct. App. 2015)

. . . The Insureds then moved for attorneys’ fees and costs under section 627.428, Florida Statutes (2014), . . .

NALASCO, v. BUCKMAN, BUCKMAN REID, INC., 171 So. 3d 759 (Fla. Dist. Ct. App. 2015)

. . . In Palma, which involved attorney’s fees in the context of an insurance case, pursuant to section 627.428 . . .

VIRTUAL IMAGING SERVICES, INC. v. UNITED AUTOMOBILE INSURANCE COMPANY,, 175 So. 3d 308 (Fla. Dist. Ct. App. 2015)

. . . entitlement to appellate attorney’s fees, pursuant to Florida Rule of Appellate Procedure 9.400 and sections 627.428 . . .

CITIZENS PROPERTY INSURANCE CORP. v. PERDIDO SUN CONDOMINIUM ASSOCIATION, INC., 164 So. 3d 663 (Fla. 2015)

. . . the corporation shall be liable to the policyholders and beneficiaries for attorney’s fees under s. 627.428 . . . because it created a specific exception to the immunity for attorney’s fees, as authorized by section 627.428 . . .

M. GILBERT, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 95 F. Supp. 3d 1358 (M.D. Fla. 2015)

. . . In Count I, Plaintiff seeks attorney fees pursuant to Florida Statute § 627.428. (Doc. . . . Section 627.428 states: Upon the rendition of a judgment or decree by any of the courts of this state . . . Stat. § 627.428(1). . . . However, Section 627.727(8) states that “[t]he provisions of s. 627.428 do not apply to any action brought . . . Therefore, if there is not a dispute over whether the policy provides coverage, then Section 627.428 . . .

NOVAK v. SAFECO INSURANCE COMPANY OF ILLINOIS,, 94 F. Supp. 3d 1267 (M.D. Fla. 2015)

. . . Motion to Amend seeking to remove Counts III and IV for declaratory relief and all references to section 627.428 . . .

A. SCIARRETTA, As v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, L. LLC,, 778 F.3d 1205 (11th Cir. 2015)

. . . damages award to the Cotton trust undisturbed but inverted the award of fees under Florida Statute § 627.428 . . . Under Florida Statute § 627.428, an insurance company that loses an action for payment of a benefit must . . .

ATLANTIC MARINE FLORIDA, LLC, v. EVANSTON INSURANCE COMPANY,, 775 F.3d 1268 (11th Cir. 2014)

. . . amount American Home paid Beverly in settlement, $325,000; attorney’s fees under Florida Statute § 627.428 . . . direct the entry of judgment for Evanston, the court’s award of attorney’s fees under Florida Statute § 627.428 . . . Florida Statutes § 627.428 states, in pertinent part: (1) Upon the rendition of a judgment or decree . . . an “omnibus insured” entitled to attorney's fees in this declaratory judgment action pursuant to § 627.428 . . .

HIALEAH MEDICAL ASSOCIATES, INC. v. UNITED AUTOMOBILE INSURANCE COMPANY,, 151 So. 3d 1279 (Fla. Dist. Ct. App. 2014)

. . . Associates, Inc., was entitled to appellate attorney fees below as the prevailing party, pursuant to section 627.428 . . . the essential requirements of law for the failure to conditionally award attorney fees under section 627.428 . . .

ADVANCED CHIROPRACTIC AND REHABILITATION CENTER, d b a a o a v. UNITED AUTOMOBILE INSURANCE COMPANY,, 162 So. 3d 75 (Fla. Dist. Ct. App. 2014)

. . . Supreme Court’s opinion, we grant Advanced Chiropractic’s motion for attorney’s fees pursuant to section 627.428 . . .

OMEGA INSURANCE COMPANY, v. JOHNSON,, 207 So.3d 245 (Fla. Dist. Ct. App. 2014)

. . . Omega Insurance Company seeks review of an order awarding attorneys’ fees pursuant to section 627.428 . . . The motion for fees alleged entitlement pursuant to section 627.428, which provides that “[u]pon the . . . Analyses of section 627.428 and the confession of judgment doctrine reveal that Omega is correct, not . . . The courts have consistently held that “[t]he purpose of section 627.428 is to penalize a carrier for . . . This is the first question that needs to be addressed in any section 627.428 issue." . . .

CAMMARATA v. STATE FARM FLORIDA INSURANCE COMPANY,, 152 So. 3d 606 (Fla. Dist. Ct. App. 2014)

. . . appraisal award, insureds had no cause of action against insurer to recover attorney’s fees under section 627.428 . . .

GEICO CASUALTY COMPANY, v. BARBER,, 147 So. 3d 109 (Fla. Dist. Ct. App. 2014)

. . . claim is the functional equivalent of a judgment for purposes of awarding attorneys fees under section 627.428 . . . In Tampa Chiropractic, this court explained the doctrine as follows: Section 627.428 provides for the . . . the rendition of a judgment against an insurer in an action between the insurer and its insured. § 627.428 . . . proceeds after suit is filed but before a judgment is actually entered because to so construe [section 627.428 . . . benefits or settlement offer into a judgment that forms the basis for an award of fees under section 627.428 . . .

TAMPA CHIROPRACTIC CENTER, INC. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., 141 So. 3d 1256 (Fla. Dist. Ct. App. 2014)

. . . Farm confessed judgment, and an award of attorney’s fees to Tampa Chiropractic pursuant to section 627.428 . . . Section 627.428 provides for the award of attorney’s fees to an insured upon the rendition of a judgment . . . against an insurer in an action between the insurer and its insured. § 627.428, Fla. . . . court should enter judgment in favor of Tampa Chiropractic and award attorney’s fees under section 627.428 . . . provider. — as opposed to the insureds themselves — this does not preclude us from applying section 627.428 . . .

ADVANCED CHIROPRACTIC AND REHABILITATION CENTER, CORPORATION, v. UNITED AUTOMOBILE INSURANCE COMPANY,, 140 So. 3d 529 (Fla. 2014)

. . . district court granted the petition, Advanced filed a motion for attorney’s fees pursuant to section 627.428 . . . Advanced asserts that pursuant to section 627.428, Florida Statutes, entitlement to attorney’s fees arises . . . Section 627.428, under which Advanced claims entitlement to attorney’s fees, entitles an insured to attorney . . . a determination of the amount of attorney’s fees to which Advanced is entitled pursuant to section 627.428 . . . Section 627.428(1) provides: Upon the rendition of a judgment or decree by any of the courts of this . . .

LOPEZ, v. STATE FARM MUTUAL AUTOMOBILE,, 139 So. 3d 402 (Fla. Dist. Ct. App. 2014)

. . . his motion for reconsideration of an order denying a motion for attorney’s fees pursuant to section 627.428 . . . having waited more than eighteen months to first contest Lopez’s entitlement to fees under section 627.428 . . . Lopez contends he is entitled to fees pursuant to section 627.428, as it is well established in Florida . . . Section 627.428(1) and (3) provides: (1) Upon the rendition of a judgment or decree by any of the courts . . . In Murray, the Fourth District affirmed an award of attorneys’ fees under section 627.428. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. f k a v. BERNARD,, 140 So. 3d 1023 (Fla. Dist. Ct. App. 2014)

. . . 313, 317 (Fla.2012) (holding that FIGA was not responsible for paying attorney’s fees under section 627.428 . . .

WAPNICK, v. STATE FARM MUTUAL INSURANCE COMPANY,, 134 So. 3d 968 (Fla. Dist. Ct. App. 2014)

. . . Although the parties frame their arguments around Florida Statutes Sections 627.428 and 624.155 (2013 . . . Stat. §§ 627.428 and 627.727(8).” . . . Since there was never such a dispute, section 627.428 does not apply to this case, and Wapnick is not . . . Section 627.727(8) and its limitation on recovery under section 627.428 were not discussed by either . . . Therefore, since there is a basis in the record to support the fact that section 627.428 does not apply . . .

VIVAS, v. STATE FARM FLORIDA INSURANCE COMPANY,, 138 So. 3d 479 (Fla. Dist. Ct. App. 2014)

. . . )) (“[A]n insurer’s post-suit payment of additional policy proceeds entitles the insured to section 627.428 . . .

C. DO, v. GEICO GENERAL INSURANCE COMPANY,, 137 So. 3d 1039 (Fla. Dist. Ct. App. 2014)

. . . Section 627.428 provides, in relevant part: (1) Upon rendition of a judgment or decree by any of the . . . “Section 627.428 was intended ‘to discourage the contesting of valid claims against insurance companies . . . As a result, when an insurer voluntarily pays the disputed loss after suit is filed, “ ‘[section 627.428 . . . Lastly, Do also argues that section 627.428 entitles him to attorney’s fees for time spent defending . . . Although Do is entitled to attorney’s fees under section 627.428 for time spent prosecuting his suit, . . .

BANTA PROPERTIES, INC. v. ARCH SPECIALTY INSURANCE COMPANY,, 551 F. App'x 564 (11th Cir. 2014)

. . . . §§ 626.9373, 627.428. . . .

BREVARD ORTHOPAEDIC, SPINE PAIN CLINICS, INC. M. D. v. HEALTH FIRST MEDICAL MANAGEMENT, INC., 130 So. 3d 274 (Fla. Dist. Ct. App. 2014)

. . . appeal if they prevail on appeal, the Florida Supreme Court expressly relied on the language of section 627.428 . . .

MASSAGEE, v. MGA INSURANCE COMPANY,, 128 So. 3d 871 (Fla. Dist. Ct. App. 2013)

. . . ruling, and both parties filed motions for an award of appellate attorney’s fees pursuant to section 627.428 . . .

DO RESTAURANTS, INC. d b a v. ASPEN SPECIALTY INSURANCE COMPANY,, 984 F. Supp. 2d 1342 (S.D. Fla. 2013)

. . . Stat. 627.428. . . . Stat. § 627.428. . . . If Café Maxx were to prevail, it would be entitled to an award of attorney’s fees under Section 627.428 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES v. BOGORFF,, 132 So. 3d 249 (Fla. Dist. Ct. App. 2013)

. . . time spent litigating the amount of attorney’s fees, where fees were authorized pursuant to section 627.428 . . .

GONZALEZ v. LIBERTY MUTUAL FIRE INSURANCE COMPANY,, 981 F. Supp. 2d 1219 (M.D. Fla. 2013)

. . . Jim Rathman Chevrolet, Inc., 39 So.3d 368, 369 (Fla. 5th DCA 2010) (noting that Section 627.428, Florida . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. ADVANCED COOLING AND HEATING, INC., 126 So. 3d 385 (Fla. Dist. Ct. App. 2013)

. . . judgment and eventually awarded attorney’s fees and costs in the amount of $114,268.01 pursuant to section 627.428 . . .

REGIONS BANK, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY,, 977 F. Supp. 2d 1237 (S.D. Fla. 2013)

. . . attorneys’ fees and costs against Commonwealth in this action, pursuant to Florida Statute Section 627.428 . . .

LESLIE CONDOMINIUM ASSOCIATION, INC. v. QBE INSURANCE CORP., 965 F. Supp. 2d 1405 (S.D. Fla. 2013)

. . . . § 627.428 as to both counts. . . . Stat. § 627.428. 1. . . . Stat. § 627.428. As explained by the Fifth District Court of Appeal in State Farm Fla. Ins. Co. v. . . . Stat. § 627.428(3). . . . Stat. § 627.428 is DENIED. . . . .

UNITED AUTOMOBILE INSURANCE CO. v. DOCTOR REHAB CENTER, INC. a a o, 121 So. 3d 66 (Fla. Dist. Ct. App. 2013)

. . . pendency of that appeal, Doctor Rehab Center filed a motion for appellate attorneys’ fees under section 627.428 . . . United Auto argued Doctor Rehab Center was not entitled to appellate attorneys’ fees under section 627.428 . . . Neither party contends that the circuit court awarded fees under section 627.428, Florida Statutes (2013 . . .

WASHINGTON NATIONAL INSURANCE CORPORATION, v. RUDERMAN,, 117 So. 3d 943 (Fla. 2013)

. . . We conditionally grant the appellees’ motion for appellate attorneys’ fees under section 627.428, Florida . . . Section 627.428(1), Florida Statutes (2012), provides that ”[u]pon the rendition of a judgment or decree . . .

In MONA LISA AT CELEBRATION, LLC, v., 495 B.R. 535 (Bankr. M.D. Fla. 2013)

. . . The Buyers argue that that are entitled to an award of fees under Section 627.428 of the Florida Statutes . . . The Court also finds no reference to Section 627.428 in the orders of the bankruptcy court that are under . . . Third-party beneficiaries are not entitled to receive an award of attorney’s fees under Section 627.428 . . . Consistent with this background, Florida courts define an omnibus insured under Section 627.428 as “one . . . Section 627.428, therefore, does not authorize an award of fees to the Buyers from Westchester. . . .

BISCAYNE COVE CONDOMINIUM ASSOCIATION, INC. v. QBE INSURANCE CORPORATION,, 951 F. Supp. 2d 1292 (S.D. Fla. 2013)

. . . Biscayne Cove would nevertheless be entitled to an award of prevailing party attorney’s fees under section 627.428 . . .

FIRST BAPTIST CHURCH OF CAPE CORAL, FLORIDA, INC. v. COMPASS CONSTRUCTION, INC. v., 115 So. 3d 946 (Fla. 2013)

. . . when determining the appropriate attorney’s fee to be paid to a prevailing insured pursuant to section 627.428 . . .

EAST COAST METAL DECKS, INC. v. BORAN CRAIG BARBER ENGEL CONSTRUCTION CO. INC., 114 So. 3d 311 (Fla. Dist. Ct. App. 2013)

. . . However, the Brass & Singer case dealt with the proper interpretation of section 627.428(1), Florida . . .

HUNT, v. STATE FARM FLORIDA INSURANCE COMPANY,, 112 So. 3d 547 (Fla. Dist. Ct. App. 2013)

. . . See § 627.428, Fla. Stat. (2009); Goff v. State Farm Fla. Ins. . . . but before judgment is functional equivalent of confession of judgment, entitling insured to section 627.428 . . .

B. MAYER, v. WALL STREET EQUITY GROUP, INC. a S., 514 F. App'x 929 (11th Cir. 2013)

. . . . § 627.428, a statute entitling an insured to attorney’s fees upon entry of a judgment against an insurer . . .

CONYERS v. BALBOA INSURANCE COMPANY,, 935 F. Supp. 2d 1312 (M.D. Fla. 2013)

. . . .; and (4) the Conyers are not entitled to attorney’s fees under Section 627.428, Florida Statutes. . . . Stat. § 627.428. . . . “Section 627.428 must be strictly construed because an award of attorney’s fees is in derogation of common . . . that a loss-payable mortgagee under an insurance policy is' deemed ‘an insured’ pursuant to Section 627.428 . . . Accordingly, the Court finds that the Conyers are not entitled to attorney’s fees under Section 627.428 . . .

WESTPORT INSURANCE CORPORATION, v. VN HOTEL GROUP, LLC, d. b. a. V. J., 513 F. App'x 927 (11th Cir. 2013)

. . . Choice Hotels also argues it is entitled to attorneys’ fees and costs under Florida Statute § 627.428 . . .

INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, v. PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY,, 125 So. 3d 263 (Fla. Dist. Ct. App. 2013)

. . . The losing carrier argues the trial court erred in denying it attorney’s fees, pursuant to section 627.428 . . . “A trial court should award attorney’s fees to an insured pursuant to section 627.428 when it appears . . . Here, the trial court erred in denying ILM attorney’s fees under section 627.428. . . . This is all that section 627.428 requires. . . . PLM also argues that ILM is not entitled to attorney's fees under section 627.428 because it did not . . .

SUNSHINE STATE INSURANCE COMPANY, v. L. DAVIDE,, 117 So. 3d 1142 (Fla. Dist. Ct. App. 2013)

. . . payment of additional policy proceeds even entitles the insured to attorney’s fees pursuant to section 627.428 . . . This is the first question that needs to be addressed in any section 627.428 issue. . . .

ALBELO, v. SOUTHERN OAK INSURANCE COMPANY,, 197 So. 3d 63 (Fla. Dist. Ct. App. 2013)

. . . Albelo is entitled to attorney fees .under both sections 57.105 and 627.428 of the Florida Statutes in . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. R. COKER, A. A. L. a A. L. a, 505 F. App'x 824 (11th Cir. 2013)

. . . . § 627.428(1). . . . court’s award of attorneys’ fees on two alternative grounds: (1) Coker was not entitled to fees under § 627.428 . . . Section 627.428(1) of the Florida Statutes provides, in relevant part: Upon the rendition of a judgment . . . equivalent of a voluntary dismissal that entitled Coker to prevailing party attorneys’ fees under § 627.428 . . . We therefore vacate the district court’s award of attorney’s fees under § 627.428(1) to Coker. . . .

KANE, v. WASHINGTON NATIONAL INSURANCE COMPANY,, 491 F. App'x 961 (11th Cir. 2012)

. . . PER CURIAM: This is an appeal of an attorney’s fee award made pursuant to § 627.428, Fla. . . .

CONTINENTAL CASUALTY COMPANY, v. A. W. BAYLOR VERSAPANEL- PLASTERING, INC., 97 So. 3d 937 (Fla. Dist. Ct. App. 2012)

. . . trial court found that Baylor was entitled to recover attorney’s fees pursuant to sections 627.756 and 627.428 . . . as to who may be the prevailing party or whether there is any right to attorneys’ fees under Secs. 627.428 . . . By contrast, sections 627.756 and 627.428 apply generally to actions brought against an insurance company . . . or a bonding company: § 627.756 (1) Section 627.428 applies to suits brought by owners, subcontractors . . . (By contrast, sections 627.756 and 627.428 would appear to control if the payment bond was a common law . . .

DOUKAS, v. FACILITIES DEVELOPMENT CORPORATION, d b a, 92 So. 3d 303 (Fla. Dist. Ct. App. 2012)

. . . Partners and Doukas, relying upon a fee provision in the General Agreement of Indemnity and section 627.428 . . .

AXIS SURPLUS INSURANCE COMPANY, v. CONTRAVEST CONSTRUCTION COMPANY, At, 877 F. Supp. 2d 1268 (M.D. Fla. 2012)

. . . following motion filed herein: MOTION: MOTION FOR ATTORNEYS’ FEES PURSUANT TO FLORIDA STATUTE SECTION 627.428 . . . Stat. § 627.428(1), which provides: Upon the rendition of a judgment or decree by any of the courts of . . . As explained by the Eleventh Circuit Court: Broadly read, section 627.428 “provides attorney’s fees to . . . However, because “[s]ection 627.428 is in the nature of a penalty against an insurer who wrongfully refuses . . . “[I]ndividuals entitled to recover attorney’s fees under section 627.428(1) are either ‘an insured or . . .

AXIS SURPLUS INSURANCE COMPANY, v. CONTRAVEST CONSTRUCTION COMPANY,, 921 F. Supp. 2d 1338 (M.D. Fla. 2012)

. . . coverage with respect to the policies at issue; and (4) the obligation of the insurers pursuant to section 627.428 . . . Insureds’ attorneys’ fees in connection with bringing this declaratory judgment action pursuant to section 627.428 . . . Section 627.428(1) provides: Upon the rendition of a judgment or decree by any of the courts of this . . . Accordingly, the Insureds are not entitled to any attorneys’ fees pursuant to section 627.428. III. . . .

KELLY, v. BALBOA INSURANCE COMPANY,, 897 F. Supp. 2d 1262 (M.D. Fla. 2012)

. . . . § 627.428 because Florida law holds that Section 627.428(1) does not include third-party beneficiaries . . . Section 627.428(1) provides that: Upon the rendition of a judgment or decree by any of the courts of . . . Stat. § 627.428(1). . . . “Section 627.428 must be strictly construed because an award of attorneys’ fees is in derogation of common . . . Plaintiff is not entitled to attorney’s fees and costs under section 627.428 as a third-party beneficiary . . .

USAA CASUALTY INSURANCE COMPANY, v. PRIME CARE CHIROPRACTIC CENTERS, P. A. a a o, 93 So. 3d 345 (Fla. Dist. Ct. App. 2012)

. . . Prime Care thereafter moved for attorney’s fees and costs under section 627.428, Florida Statutes (2008 . . . SECTION 627.428, CAN EXPERT TESTIMONY ALONE CONSTITUTE SUFFICIENT PROOF UNDER STANDARD GUARANTY INSURANCE . . . the attorney's fees awarded, not Prime Care’s entitlement to an award of attorney fees under section 627.428 . . .

GREAT AMERICAN FIDELITY INSURANCE COMPANY, E S v. JWR CONSTRUCTION SERVICES, INC. a, 882 F. Supp. 2d 1340 (S.D. Fla. 2012)

. . . for JWR’s future defense costs, and pay attorney’s fees for this action to JWR pursuant to Section 627.428 . . . American, the prompt award of attorney's fees and costs for this action to JWR pursuant to Section 627.428 . . .

RUDERMAN, SCHWARTZ, v. WASHINGTON NATIONAL INSURANCE CORPORATION,, 465 F. App'x 880 (11th Cir. 2012)

. . . . § 627.428, attorneys’ fees incurred for litigating entitlement to fees are recoverable, but fees incurred . . .

GENA, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 85 So. 3d 1143 (Fla. Dist. Ct. App. 2012)

. . . Florida Insurance Guaranty Association (“FIGA”), is responsible for her attorney’s fees under section 627.428 . . . Section 627.428(1), Florida Statutes (2007), provides that an insured is entitled to attorney’s fees . . . Section 631.70, Florida Statutes (2007), provides that “[t]he provisions of s. 627.428 providing for . . . We agree with the trial court that Appellant is not entitled to attorney’s fees under section 627.428 . . . In concluding that the insureds were not entitled to fees under section 627.428, the Fourth District . . . denied Appellant’s claims defacto, it is required to pay Appellant’s attorney’s fees under sections 627.428 . . . After a lengthy process, Appellant ultimately prevailed and, as provided in section 627.428, Florida . . . Reading sections 627.428(1) and 631.70, in pari materia, as we must, FIGA, acting in place of the insolvent . . .

BARRETO v. UNITED SERVICES AUTOMOBILE ASSOCIATION,, 82 So. 3d 159 (Fla. Dist. Ct. App. 2012)

. . . Homeowners appeal an order denying their motion for attorney’s fees pursuant to section 627.428, Florida . . . The homeowners then served their motion for entitlement to attorney’s fees pursuant to section 627.428 . . . Section 627.428, Florida Statutes, provides: Upon the rendition of a judgment or decree by any of the . . . A trial court should award attorney’s fees to an insured pursuant to section 627.428 when it appears . . . We have held that an insured is entitled to recover attorney’s fees under section 627.428 even though . . .

MERCURY INSURANCE COMPANY OF FLORIDA, v. RPM MEDICAL CENTER, INC. a a o J., 89 So. 3d 261 (Fla. Dist. Ct. App. 2012)

. . . Respondent properly concedes that the award of appellate attorney’s fees, pursuant to section 627.428 . . . Guaranty Ass’n, 80 So.3d 313 (Fla.2012) (“[Section 627.428(1) provides that an insured will be entitled . . .