Attorney Wins Plaintiffs Victory in Boca Raton Appeal

Alexander Appellate Law P.A. has won its clients another victory in the Fourth District Court of Appeal, in Comisar v. Heritage Prop. & Cas. Ins. Co., 344 So. 3d 46, 47 (Fla. 4th DCA 2022). After our Boca Raton clients’ insurance claim was denied by their insurance company, they sued requesting a “declaratory judgment,” which is a request that a trial court resolve a legal question at issue between two parties when it’s necessary to determine one party’s rights under a contract.

The insurance company argued to the Boca Raton trial court that the insureds were trying to have their cake and eat it too: if the insureds lost a breach of contract action, they could be liable for fees; while if they won such an action, the insurer would be liable. But with a declaratory action, fees were not available to either party. In essence, the insurance company argued that the insured was attempting to seek a declaratory judgment as a test-run without running the risk of having to pay attorney’s fees if they lost, and with the knowledge that they would likely be winning attorney’s fees down the line if they won.

In response, the insured replied yes, that was exactly what they were doing, and they were permitted to do it under the legal principle that a plaintiff is the so-called “master” of his or her complaint. In other words, simply because the complaint could have been brought as a breach of contract action, did not mean that it had to be brought as a breach of contract action. But the trial court agreed with the insurer, so our clients appealed.

On appeal, the Fourth District Court of Appeal agreed with Alexander Appellate Law P.A.’s arguments, ruling:

In dismissing the complaint, the trial court expressed concern that the insureds’ declaratory judgment claim was merely a breach of contract claim in disguise. However, this conclusion, even if accurate, does not control the issue of whether the complaint states a cause of action for declaratory relief. Although insureds initially filed a complaint with a breach of contract claim, all their subsequent amended pleadings contained only a claim for declaratory relief. While declaratory actions "may result in substantial overlap with otherwise-available actions at law," the mere existence of another potential claim does not automatically foreclose the availability of a declaratory relief claim.

The full opinion can be read here: Comisar v. Heritage Prop. & Cas. Ins. Co., 344 So. 3d 46, 47 (Fla. 4th DCA 2022).