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SCOTTSDALE INS. CO. v. DeSALVO

No. 92,467.

748 So.2d 941 (1999)

SCOTTSDALE INSURANCE COMPANY, etc., Petitioner, v. John DeSALVO, etc., Respondent.

Supreme Court of Florida.

September 9, 1999.

Attorney(s) appearing for the Case

W. Lane Neilson, Heath B. Nailos and David C. Lucey of Neilson and Tosko, Orlando, Florida, for petitioner.

John F. Fannin, H. Tyrone Tyler, and J. Clark Hamilton, Jr., of Fannin, Tyler and Hamilton, P.A., Jacksonville, Florida, for respondent.

PER CURIAM.

We have for review DeSalvo v. Scottsdale Ins. Co., 705 So.2d 694 (Fla. 1st DCA 1998), in which the district court held that, under section 627.428, Florida Statutes (1997), when an insured is awarded some recovery at trial, the insured may be entitled to recover a portion of its attorney fees and costs, even if the insured's recovery is less than the insurer's highest offer of settlement. We accepted jurisdiction...

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