United States Fire Insurance v. Dickerson

Citations

• 82 Fla. 442
• 90 So. 613

Syllabus

<p>1. Objections to evidence should be specific, clearly indicating not only the grounds of objection but the particular part of the document, or thing introduced, or statement of the witness to which the objection is deemed to be applicable.</p> <p>2. A motion to strike evidence which is deemed inadmissible should be confined to that part of the evidence which is objectionable and not be directed to the entire statement or testimony of the witness as a whole.</p> <p>3. Section 4263 Revised General Statutes which provides for the payment of attorney’s fees to the plaintiff by an insurance company or association which unsuccessfully defends an action upon a policy of insurance issued by it is valid as an appropriate police regulation of a business affected with a public interest.</p> <p>4. Attorney’s fee provided for by statute to be paid by insurance companies, corporations or associations which unsuccessfully defend actions upon policies of. insurance issued by them, should be demanded in the declaration, as if the action sought to enforce a penalty.</p> <p>5. Where a declaration upon an insurance policy does not contain a clause demanding the payment to plaintiff of an attorney’s fee or alleging what sum is under the circumstances a reasonable attorney's fee, evidence upon the subject is inadmissible and judgment should not be entered therefor, but in such case if the parties during the trial agree among themselves, either in writing or orally, upon a sum to be paid by the defendant as a reasonable attorney’s fee in the event of judgment for the plaintiff the judgment will not be reversed because it adjudges the payment of such attorney’s fee.</p> <p>6. In an action upon a fire insurance policy insuring against loss or damage to personal property by fire, where the policy contains a clause to the effect that the property described in the policy is to be covered by the insurance only while the property is located and contained in a certain building, it is error to