COPPOLA v. FEDERATED NAT. INS. CO.

No. 4D06-465.

939 So.2d 1171 (2006)

Deanna COPPOLA, individually and as natural mother and guardian of Emilio Coppola, Appellant, v. FEDERATED NATIONAL INSURANCE COMPANY and Michele Gallander, by and through her natural mother and guardian, Renee Schroeder, Appellees.

District Court of Appeal of Florida, Fourth District.

October 25, 2006.


Attorney(s) appearing for the Case

Michael Bendell of Michael Bendell, P.A., Boca Raton, for appellant.

Warren B. Kwavnick and Bruce M. Trybus of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., Fort Lauderdale, for Appellee-Federated National Insurance Company.


STONE, J.

We reverse an order denying statutory attorney's fees incurred by the insured in defending a declaratory judgment action initiated by Federated National Insurance Company (Federated). Federated had claimed that there was no coverage for a pending personal injury claim under the insured's homeowner's policy.

We conclude that Federated's voluntary dismissal of its declaratory action conferred a benefit on the defendant insured. Therefore, the insured...

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