PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant,
v.
The SUNRISE CLUB, INC., a Florida Corporation, Sundale, Ltd., a Florida limited partnership, Associated American Development Corporation, Philip Scutieri, Jr., Trustee, and Sunrise Management Company, a Florida Corporation, Appellees.
The SUNRISE CLUB, INC., a Florida Corporation, Sundale, Ltd., a Florida limited partnership, Associated American Development Corporation, Philip Scutieri, Jr., Trustee, and Sunrise Management Company, a Florida Corporation, Appellants,
v.
PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellee.
The SUNRISE CLUB, INC., a Florida Corporation, Sundale, Ltd., a Florida limited partnership, Associated American Development Corporation, Philip Scutieri, Jr., Trustee, and Sunrise Management Company, a Florida Corporation, Appellants,
v.
PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellee.
District Court of Appeal of Florida, Third District.
Elizabeth K. Russo and Kimberly L. Boldt, Coconut Grove, for The Sunrise Club, Inc., et al.
Powers, McNalis, Moody & Groelle and Daniel M. McNalis, Lake Worth; Morrison, Mahoney & Miller and Charles R. Tuffley and Jeffrey R. Learned, Southfield, Michigan, for Pennsylvania Lumbermens Mutual Insurance Co.
Before SCHWARTZ, C.J., and COPE and GREEN, JJ.
SCHWARTZ, Chief Judge.
The plaintiffs-insureds appeal from an adverse judgment rendered on a general jury verdict for the defendant carrier in an action claiming additional insured damages allegedly caused by Hurricane Andrew. In a separate appeal, the carrier challenges the denial of its claim for attorney's fees.
*594 I.
The insureds' primary claim is that the trial court erred in failing to grant a new trial on the ground that the verdict for the carrier was contrary to the manifest weight of the evidence. We cannot agree. The carrier defended this cause on the separate grounds that the insureds had sustained no recoverable loss beyond $513,000.00 which had been voluntarily paid, and that recovery was barred altogether because of their fraud in the claim process. See American Reliance Ins. Co. v. Kiet Invs., Inc.,
There is also no merit in the claim that the trial court should have permitted a post-verdict jury interview. See Baptist Hosp. of Miami, Inc. v. Maler,
II.
Turning to the insurer's separate appeal in case number 97-329, we reverse the denial of attorney's fees claimed under section 768.79, Florida Statutes (1997). During the litigation, the insurance carrier made a properly structured offer to settle the case for $300,000.00. It is clear as a matter of lawconsidered in the light of all of the surrounding circumstances, particularly the relative strength of the respective parties' cases and the fact that the proposal in essence included foregoing the very arguable right to a return of the amounts the company had previously paid, see Wong Ken,
Affirmed in part; reversed in part and remanded.
