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District Court of Appeal of Florida


Liberty Nat'l Life Ins. Co. v. Bailey, 2D05-929

An order awarding attorneys' fees and costs under Florida Statutes section 627.428 to plaintiff in a breach of contract suit against her insurer is reversed where defendant did not wrongfully deny insurance benefits to plaintiff and, therefore, was not liable for attorneys' fees under the statute.

Appellate Information

  • Decided 06/16/2006
  • Published 06/16/2006

Judges

  • LaROSE, Judge.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Charles W. Pittman of Macfarlane Ferguson & McMullen, Tampa, for Appellant.

  • For Appellees:
  • Kimberly S. Mello and Craig P. Clendinen of A Bales Weinstein Professional Association, Tampa, for Appellee.
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