OBANDO v. FORTUNE INSURANCE COMPANY

No. 90-41.

563 So.2d 116 (1990)

Edwin OBANDO, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 18, 1990.


Attorney(s) appearing for the Case

Marc L. Goldman and Carlos Lidsky, Hialeah, for appellant.

Lockett & Blair and Jerri A. Blair, Tavares, and Matt Hellman, Plantation, for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.


PER CURIAM.

We affirm the trial court order denying relief in a declaratory suit seeking attorney's fees based on an alleged wrongful withholding of benefits under an automobile insurance policy.

At the time the complaint was filed, there were no unpaid medical bills pending and the carrier had asked for follow-up information and any additional medical bills. When subsequent medical bills accrued and the aggregate exceeded the insured's $2,000 deductible,...

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