FOOD FAIR STORES, INC., A SELF-INSURED, PETITIONER,
v.
LOUISE C. MORGAN AND THE FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS
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The appellate court reviewed a circuit court judgment awarding attorney's fees to an insured who had his insurer's action to void a policy dismissed, and the insured had also previously won a judgment in a court of record action against the insurer.
The court held that an attorney's fee could be awarded to an insured under F.S.A. § 627.0127 even when the insurer's action to void the policy was dismissed, as the statute applies to judgments against an insurer in favor of an insured under a policy.
An insured sued his insurer for damages under a policy. The insurer then filed a separate action seeking to void the policy based on fraud. The circui…
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By petition' for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date March 26, 1965.
*586We find.that oral- argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10, subd. e, 31 F.S.A.
,, Our. consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law.
The petition is therefore denied.
THORNAL, C. J., and DREW, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.