STOROB v. SPHERE DRAKE INS. CO.

No. 98-2695.

730 So.2d 375 (1999)

Gene and Naomi STOROB and George Douge, Appellants, v. SPHERE DRAKE INSURANCE, Appellee.

District Court of Appeal of Florida, Third District.

March 31, 1999.


Attorney(s) appearing for the Case

Joel M. Gaulkin; Lane, Reese, Aulick, Summers & Field and Lorenzo Jackson, Jr., for appellants.

Santose & Dutton and Daniel J. Lynott, Tampa, for appellee.

Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.


SCHWARTZ, Chief Judge.

The appellants-insureds successfully defended a declaratory judgment action brought by their liability carrier, resulting in a judgment which established coverage and the carrier's duty to defend an existing tort claim against them.1 Although they were thus entitled to attorney's fees under section 627.428, Florida Statutes (1997), in the order now under review, the trial court nevertheless denied fees on the authority...

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