District Court of Appeal of Florida

An order denying statutory attorney-s fees incurred by an insured in defending a declaratory judgment action initiated by insurer involving coverage for a pending personal injury claim under the insured's homeowner's policy is reversed where the insurer's voluntary dismissal of its declaratory action conferred a benefit on defendant-insured, and thus the insured was entitled to prevailing party statutory attorney's fees.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Judges

• STONE, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Michael Bendell of Michael Bendell, P.A., Boca Raton, for appellant.


• For Appellees:
  
• Warren B. Kwavnick and Bruce M. Trybus of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., Fort Lauderdale, for Appellee-Federated National Insurance Company.