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MUTUAL LIFE INS. CO. OF NEW YORK v. OKUN

No. 85-1056.

485 So.2d 897 (1986)

MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Appellant, v. Abe OKUN, As Personal Representative of the Estate of Joan Okun, Deceased and Abe Okun Individually, Appellee.

District Court of Appeal of Florida, Fourth District.

April 2, 1986.

Attorney(s) appearing for the Case

Richard M. Leslie and Michael H. Meares, of Shutts & Bowen, Miami, for appellant.

Marcia E. Levine, of Fazio, Dawson & DiSalvo, Fort Lauderdale, for appellee.

FEDER, RICHARD YALE, Associate Judge.

The matter comes to this court on an appeal from an assessment of attorney's fees following a settlement in open court of the underlying suit against an insurance carrier seeking to enforce a group health insurance policy.

The appeal was originally based on a two-prong attack on the award of fees; i.e., there was no statutory basis for an assessment of fees where only a "certificate," and not the insurance policy, was...

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