Wendy's of NE Florida, Inc. v. Vandergriff

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that generally an insurer is not entitled to attorney’s fees when it has a duty to defend its insured against claims
• reiterating that this statute was amended as part of the Tort Reform Act to reduce frivolous litigation and decrease cost in the civil justice system by broadening available remedies
• stating -- after section 57.105 was amended in 1999 -- “the central purpose of section 57.105 is, and always has been, to deter meritless filings”
• “An award of fees is not always appropriate under section 57.105,even when the party seeking fees was successful in obtaining the dismissal of the action or summary judgment in an action.”
• “As a general rule, a liability insurer has a duty to defend its insured against claims; this duty is distinct from, and broader than, its duty to indemnify its insured.”

Source: CourtListener parenthetical corpus (CC0).