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PRUDENTIAL INS. CO. ETC. v. INSTITUTE FOR MARINE SCIENCE, INC.

No. 79-185.

371 So.2d 185 (1979)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. INSTITUTE FOR MARINE SCIENCE, INC., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 15, 1979.

Attorney(s) appearing for the Case

Lane, Mitchell & Harris and Byron B. Mathews, Jr., Miami, for appellant.

Tobin & Thomson and Michael M. Tobin, Coral Gables, for appellees.

Before HAVERFIELD, C.J., and PEARSON and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The attorney's fees recoverable under Section 627.428, Florida Statutes (1977), from insurance companies by successful insureds and beneficiaries may not be "allowed if such suit was commenced prior to expiration of sixty days after proof of the claim was duly filed with the insurer." Section 627.428(2). We agree with the trial judge that the filing by the appellee, which was the named beneficiary of a Prudential policy insuring the life of one of...

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