TRAVELERS INDEMNITY COMPANY v. PENDER

No. P-218.

264 So.2d 878 (1972)

TRAVELERS INDEMNITY COMPANY, a Foreign Corporation Authorized to Do Business in the State of Florida, Appellant, v. Myrtle PENDER and Edward Pender, Her Husband, and James Hardy, Appellees.

District Court of Appeal of Florida, First District.

August 1, 1972.


Attorney(s) appearing for the Case

Cliff B. Gosney, Jr., and Raymond A. Haas, of Gosney, Hutcheson & Haas, Daytona Beach, for appellant.

Provitola & McDermott, P.A., DeLand, for appellees.


PER CURIAM.

The primary question arising out of this suit by appellee, insured, against appellant, insurance company, on an uninsured motorist provision is the award of attorney's fees to the insured. The insurance company contends that its policy of insurance provides for arbitration; that it did not deny liability, did not refuse to arbitrate, thus there was no necessity for the insured to institute suit and therefore he is not entitled to an award of attorney's...

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