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USAA CAS. INS. CO. v. ROMM

No. 97-1809.

712 So.2d 405 (1998)

USAA CASUALTY INSURANCE COMPANY, Appellant, v. Michael R. ROMM, Richard Keller, M.D., P.A., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification Denied April 22, 1998.

Attorney(s) appearing for the Case

Robert C. Gobelman and Jack B. Cooper of Gobelman and Love, Jacksonville, for appellant.

Henry Laffer of Law Offices of Henry Laffer, Sunrise, for Appellee Richard Keller, M.D., P.A.

DELL, Judge.

USAA Casualty Insurance Company ("USAA") appeals the trial court's award of attorney's fees to Dr. Richard Keller ("Keller"). USAA contends that the trial court erred by awarding fees pursuant to section 627.428, Florida Statutes (1993), because Keller did not accept an assignment of benefits, and pursuant to section 627.736(5), Florida Statutes, because Keller was not a prevailing party in arbitration. We reverse the award of attorney's fees.

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