HARTFORD INSURANCE COMPANY OF THE MIDWEST, APPELLANT,
v.
BEULAH MOUDY AND WILLARD MOUDY, HER HUSBAND, APPELLEES

Fla. 4th DCA | 1989-07-26
No. 87-1991
LETTS and DELL, JJ., concur.
547 So. 2d 974 Florida District Court of Appeal, Fourth District (1989) Negative Treatment
Cited by 2 cases

Opinion of the Court
GUNTHER, Judge.

GUNTHER, Judge.

We grant Appellee’s motion for rehearing, withdraw our opinion of December 21, 1988, and substitute the following:

We affirm the trial court’s award of attorney’s fees on the authority of Leaf v. State Farm Mutual Automobile Ins. Co., 544 So. 2d 1049 (Fla. 4th DCA 1989).

AFFIRMED.

LETTS and DELL, JJ., concur.


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  • Bendell v. Gov't Emps. Ins. Co., 551 So. 2d 1280 (Fla. 4th DCA 1989)
    …t did not err by denying attorney’s fees to the prevailing plaintiff in this action to compel arbitration. I would recede from Leaf v. State Farm Mut. Auto. Ins. Co., 544 So. 2d 1049 (Fla. 4th DCA 1989) and Hartford Ins. Co. of the Midwest v. Moudy, 547 So. 2d 974 (Fla. 4th DCA 1989). Section 627.727(8), Florida Statutes (1987) restricts the award of fees in uninsured motorist actions to coverage disputes and circumstances where the insurer has denied coverage. Here, there is no dispute over coverage, nor has…

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