NATIONWIDE MUT. FIRE INS. CO. v. BEVILLE

No. 4D01-858.

825 So.2d 999 (2002)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, v. Howard J. BEVILLE, Jr., and Belville II, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 30, 2002.


Attorney(s) appearing for the Case

Hala A. Sandridge and Tracy Raffles Gunn of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellant.

Jane Kreusler-Walsh and Rebecca J. Mercier of Jane Kreusler-Walsh, P.A., West Palm Beach, and Andrew M. Pelino of Burman, Critton, Luttier & Coleman, West Palm Beach, for appellees.


FARMER, J.

The issue in this appeal is whether as a matter of law an insured is entitled to recover expenses incurred in defending himself against a covered claim, even though the insured had violated the policy provision requiring prompt notice of the claim, after the insurance carrier agrees to defend its insured only with a reservation of its right to deny coverage. We hold that the insured is entitled to the recovery and affirm a summary judgment awarding such...

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