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FORTUNE INS. CO. v. BRITO

No. 87-299.

522 So.2d 1028 (1988)

FORTUNE INSURANCE COMPANY, Appellant, v. Angel E. BRITO, Appellee.

District Court of Appeal of Florida, Third District.

April 5, 1988.

Attorney(s) appearing for the Case

O'Malley and Sternberg and Terence T. O'Malley (Ft. Lauderdale), for appellant.

Horton, Perse & Ginsberg and Arnold Ginsberg, Stephen Nelson, Miami, for appellee.

Before BARKDULL, HENDRY and FERGUSON, JJ.

PER CURIAM.

Fortune Insurance Company appeals from an order awarding attorney's fees to the insured, Angel Brito. Following an automobile accident Brito filed a claim under his PIP policy with Fortune. When coverage was denied Brito initiated a lawsuit against Fortune. Before trial Fortune paid Brito $2,000 on the $10,000 policy after applying the $8,000 deductible provision. Brito filed a motion for attorney's fees pursuant to section 627.428, Florida Statutes (1983...

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