DE LEON v. GREAT AMERICAN ASSUR. CO.

No. 3D09-646.

78 So.3d 585 (2011)

Jose DE LEON, Appellant, v. GREAT AMERICAN ASSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

October 12, 2011.


Attorney(s) appearing for the Case

Mark J. Feldman , for appellant.

Hinshaw & Culbertson, Maureen G. Pearcy and Luis A. Diz , Miami, for appellee.

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

This is an appeal from an order denying attorney fees under section 627.428 Florida Statutes (2008), in an action for property loss benefits under an automobile insurance policy. The ruling, which was entered even though the insurer settled the case for the full amount claimed, was based on the notion that the action had been premature and unnecessary and was thus not effective in securing the favorable...

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