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What’s 4.25% of 0? Fifth District Court Finds Insured Not Entitled to Prejudgment Interest If She Did Not Recover a Judgment Awarding Her Any Damages

Caryn Bellus, of our Miami office, and Angela Flowers, of our Ocala office, worked together to obtain a reversal of an award of prejudgment interest entered by the trial court against our client, Federated National (“FedNat”).  In Federated National Ins. Co.v. Bocinsky, 334 So. 3d 384 (Fla. 5th DCA 2022), the jury found that FedNat owed no more damages than it had already paid its insured. Despite this, the trial court entered an order concluding that the insured, although not entitled to additional damages, was entitled to prejudgment interest. On appeal, the Fifth District reversed, finding prejudgment interest is only awardable when a verdict fixes an amount of damages. Since the insured recovered no damages, she was not entitled to prejudgment interest.

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