Attorney's Fees

The Peterson Bernard Team obtained a dismissal of the Plaintiffs’ case and prevailed over the Plaintiffs’ demand for attorney’s fees in a first party claim arising after Hurricane Wilma.  The Plaintiffs filed a lawsuit when resolution of their claim was underway pursuant to the Plaintiffs’ invocation of the appraisal provision of the insurance policy. After the Plaintiffs filed suit, the insurance carrier demanded appraisal and the claim was resolved. Subsequent to the resolution of the claim, the Plaintiffs’ counsel demanded attorney’s fees and contended that the lawsuit was necessary to resolve the case. The Peterson Bernard Team successfully defended the insurance carrier against Plaintiffs’ claims by establishing that the Plaintiffs prematurely filed suit and, further, that the Plaintiffs were not compelled to file suit to recover under the policy. The Court, in agreement with Peterson Bernard's Team argument, dismissed the lawsuit and denied the Plaintiffs’ Motion for Attorney’s Fees.