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LIBERTY NAT. LIFE INS. CO. v. BAILEY EX REL. BAILEY

No. 2D05-929.

944 So.2d 1028 (2006)

LIBERTY NATIONAL LIFE INSURANCE COMPANY, a foreign, for profit corporation, Appellant, v. Nancy BAILEY, by and through Rosemary M. BAILEY, as attorney in fact, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 7, 2006.

Attorney(s) appearing for the Case

Charles W. Pittman of Macfarlane Ferguson & McMullen, Tampa, for Appellant.

Kimberly S. Mello and Craig P. Clendinen of A Bales Weinstein Professional Association, Tampa, for Appellee.

LaROSE, Judge.

Liberty National Life Insurance Company (Liberty) appeals the trial court's final order awarding attorneys' fees and costs, totalling $60,933.50, to Nancy Bailey pursuant to section 627.428, Florida Statutes (2003). Liberty argues that it did not wrongfully deny insurance benefits to Ms. Bailey and, therefore, was not liable for attorneys' fees. We agree and reverse.

In April 1987 and April 1996, Liberty issued life insurance policies to Ms...

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