Third District Court of Appeal

State of Florida 

Opinion filed March 30, 2022.

Not final until disposition of timely filed motion for rehearing.

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No. 3D21-311

Lower Tribunal No. 19-185

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Citizens Property Insurance Corporation,

Appellant,

vs.

Osvaldo Delgado,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Abby 

Cynamon, Judge.

Traub Lieberman Straus & Shrewsberry LLP, C. Ryan Jones and Scot 

E. Samis (St. Petersburg), for appellant.

Law Office of Lazaro Vazquez, P.A., and Lazaro Vazquez, for 

appellee.

Before SCALES, MILLER and GORDO, JJ. 

GORDO, J.
2

Citizens United Property Insurance Corporation appeals a final 

judgment for attorney’s fees entered in favor of Osvaldo Delgado. We have 

jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). 

Delgado submitted a claim for property damage caused by Hurricane 

Irma to Citizens and was furnished with a partial payment of $4,226.32. 

Delgado contested this amount, and Citizens demanded an appraisal 

pursuant to the terms of the insurance policy. Delgado subsequently filed 

suit, and Citizens moved to compel appraisal. After the appraisers 

determined the amount of the loss1, Citizens paid the award without further 

ado. Delgado was subsequently awarded attorney’s fees pursuant to section 

627.428, Florida Statutes. 

Citizens argues the award of attorney’s fees was improper because: 

(1) Delgado recovered no judgment against it; and (2) the lawsuit itself was 

unnecessary to resolve the claim. It is well settled Florida law that Citizens’

payment of the appraisal award constituted a judgment. Johnson v. Omega 

Ins. Co., 200 So. 3d 1207, 1215 (Fla. 2016) (“[I]t is well settled that the 

payment of a previously denied claim following the initiation of an action for 

recovery, but prior to the issuance of a final judgment, constitutes the 

functional equivalent of a confession of judgment.”); Ivey v. Allstate Ins. Co., 

1 The appraisers agreed on an award of $45,021.26. 
3

774 So. 2d 679, 684–85 (Fla. 2000) (“[W]here an insurer pays policy 

proceeds after suit has been filed but before judgment has been rendered, 

the payment of the claim constitutes the functional equivalent of a confession 

of judgment or verdict in favor of the insured, thereby entitling the insured to 

attorney’s fees.”). 

We further find that, as shown by the record in this case, the lawsuit 

was a necessary catalyst to effectuate payment of the claim. State Farm 

Florida Ins. Co. v. Lime Bay Condo., Inc., 187 So. 3d 932, 935 (Fla. 4th DCA 

2016) (“[W]hen an insured moves for attorney’s fees, the underlying issue is 

whether the suit was filed for a legitimate purpose, and whether the filing 

acted as a necessary catalyst to resolve the dispute and force the insurer to 

satisfy its obligations under the insurance contract.”); Lewis v. Universal 

Prop. & Cas. Ins. Co., 13 So. 3d 1079, 1082 (Fla. 4th DCA 2009) (“[W]hether 

suit is filed before or after the invocation of the appraisal process is not 

determinative of the insured’s right to fees; rather, the right to fees turns upon 

whether the filing of the suit served a legitimate purpose.”); First Floridian 

Auto & Home Ins. Co. v. Myrick, 969 So. 2d 1121, 1124 (Fla. 2d DCA 2007) 

(finding the involvement of the judicial system was necessary where the 

insurer was asserting a coverage defense). 

Affirmed.