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Taylor v. New Hampshire Ins. Co.

District Court of Appeal of Florida, Second District
May 30, 1986
489 So. 2d 207 (Fla. Dist. Ct. App. 1986)

Summary

In Taylor v. New Hampshire Insurance Co., 489 So.2d 207, 207 (Fla. 2d DCA 1986), we held that where a claim for property damage is made by an insured on an insurance policy "prejudgment interest [is due] from the date that the proceeds would have been due under the policy."

Summary of this case from Owners Ins. Co. v. Hartford Fire Ins. Co.

Opinion

No. 85-2099.

May 30, 1986.

Appeal from the Circuit Court, Lee County, James R. Thompson, J.

John V. Doyle, Daytona Beach, for appellants.

Philip D. Parrish and Chris W. Altenbernd of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., Tampa, for appellee.


Appellants seek review of a final judgment entered pursuant to a jury verdict in a breach of contract action to recover damages under a fire insurance policy issued by appellee, New Hampshire Insurance Company of Manchester. We find the trial court erred in denying appellants' request for prejudgment interest on the jury verdict, but affirm in all other respects.

In denying appellants' request for prejudgment interest, the trial court relied upon this court's decision in Federal Deposit Insurance Corp. v. Carre, 436 So.2d 227 (Fla. 2d DCA 1983). In Carre, we rejected the first district's test for defining liquidated damages, which was enunciated in Bergen Brunswig Corp. v. State Department of Health Rehabilitative Services, 415 So.2d 765 (Fla. 1st DCA 1982). Since Carre, however, the supreme court has approved the first district's position that, for the purpose of assessing prejudgment interest, a claim becomes liquidated and susceptible of prejudgment interest when a verdict has the effect of fixing damages as of a prior date. Argonaut Insurance Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985); see also, Trend Coin Co. v. Honeywell, Inc., 487 So.2d 1029 (Fla. 1986).

We, accordingly, reverse and remand with instructions to enter an amended final judgment awarding appellants prejudgment interest from the date that the proceeds would have been due under the policy, i.e., sixty days from the filing of the proof of loss. Miller v. First Service Corp., 471 So.2d 1332 (Fla. 3d DCA 1985).

Affirmed in part, reversed in part, and remanded.

GRIMES, A.C.J., and SCHEB, J., concur.


Summaries of

Taylor v. New Hampshire Ins. Co.

District Court of Appeal of Florida, Second District
May 30, 1986
489 So. 2d 207 (Fla. Dist. Ct. App. 1986)

In Taylor v. New Hampshire Insurance Co., 489 So.2d 207, 207 (Fla. 2d DCA 1986), we held that where a claim for property damage is made by an insured on an insurance policy "prejudgment interest [is due] from the date that the proceeds would have been due under the policy."

Summary of this case from Owners Ins. Co. v. Hartford Fire Ins. Co.

In Taylor v. New Hampshire Insurance Co., 489 So.2d 207, 207 (Fla. 2d DCA 1986), we held that where a claim for property damage is made by an insured on an insurance policy "prejudgment interest [is due] from the date that the proceeds would have been due under the policy."

Summary of this case from Owners Ins. v. Hartford Fire Ins.
Case details for

Taylor v. New Hampshire Ins. Co.

Case Details

Full title:RALPH W. TAYLOR AND KEITH I. TAYLOR, ET AL., APPELLANTS, v. NEW HAMPSHIRE…

Court:District Court of Appeal of Florida, Second District

Date published: May 30, 1986

Citations

489 So. 2d 207 (Fla. Dist. Ct. App. 1986)

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