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O'MALLEY v. NATIONWIDE MUT. FIRE INS. CO.

No. 4D03-4144.

890 So.2d 1163 (2005)

Amelia O'MALLEY, Appellant, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 2, 2005.

Attorney(s) appearing for the Case

Eric G. Belsky of Johnson Leiter & Belsky, Ft. Lauderdale and Eric H. Luckman of Eric H. Luckman, P.A., Boynton Beach, for appellant.

Doreen E. Lasch of Conroy, Simberg, Ganon, Krevans & Abel, P.A., Hollywood, for appellee.

KLEIN, J.

The issue presented by this appeal is whether appellant insured was entitled to attorney's fees under section 627.428, Florida Statutes (2001), after the insurer voluntarily dismissed its declaratory judgment action seeking a determination as to whether there was a duty to defend or coverage. We conclude that she was.

The insured, O'Malley, was the defendant in a tort action. Nationwide defended her but...

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