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20 Stetson L. Rev. 591 (1990-1991)
Standard Guaranty Insurance Co. v. Quanstrom: The Florida Supreme Court Deals a Crushing Blow to the Contingency Fee Multipliers in Tort and Contract Cases

handle is hein.journals/stet20 and id is 605 raw text is: NOTES
Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d 828
(Fla. 1990).
On March 9, 1985, Brenda L. Quanstrom suffered bodily injuries
while riding as a passenger in an automobile insured by Standard
Guaranty Insurance Company.1 The Florida Fifth District Court of
Appeal found that Quanstrom was entitled to benefits under the in-
surance policy, despite the fact that she carried no insurance on her
inoperable car.2 The district court then remanded the case in order
for the trial court to determine the amount of attorney's fees as au-
thorized by section 627.428(1), Florida Statutes.'
On remand, Quanstrom and Standard Guaranty stipulated to a
reasonable lodestar fee of $8,100.1 The trial judge then considered
1. Standard Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828, 829 (Fla. 1990). See Quanstrom
v. Standard Guar. Ins. Co., 504 So. 2d 1295 (Fla. 5th DCA 1987). Standard Guaranty insured
the automobile for personal injury protection under § 627.736(4)(d)(4), Florida Statutes (1989).
504 So. 2d at 1296.
2. 504 So. 2d at 1296-97. The district court reversed the trial court's granting of Stan-
dard Guaranty's motion for summary judgment. Id. at 1297.
3. Florida Statutes § 627.428(1) (1989) provides:
(1) Upon the rendition of a judgment or decree by any of the courts of this state
against an insurer and in favor of any named or omnibus insured or the named bene-
ficiary under a policy or contract executed by the insurer, the trial court or, in the
event of an appeal in which the insured or beneficiary prevails, the appellate court
shall adjudge or decree against the inturer and in favor of the insured or beneficiary a
reasonable sum as fees or compensation for the insured's or beneficiary's attorney
prosecuting the suit in which recovery is had.
4. 555 So. 2d at 830. This figure represented compensation for the filing of a complaint,
the filing and arguing of a motion for summary judgment, the taking of one deposition, and the
filing and presentation of the issue on appeal. Id.

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