Citations
- 655 So. 2d 1162
Full opinion text
SCHWARTZ, Chief Judge.
The appellate division of the circuit court affirmed the county court’s denial of the plaintiff-insured’s application for attorney’s fees under section 627.428, Florida Statutes (1993) on the ground that section 626.912, Florida Statutes (1993) “precludes the award of attorney [sic] fees against a surplus lines insurer” like the carrier involved in this case. We quash the decision and mandate reversal of the county court on the authority of English & American Insurance Co. v. Swain Groves, Inc., 218 So.2d 453 (Fla. 4th DCA 1969), which is squarely in point and with which we agree:
The final question involved the propriety of the award of attorney’s fees where the non-admitted carriers complied with Section 626.0509, F.S.1965, F.S.A. [now § 626.912, Fla.Stat. (1993) ]. Appellants [sic] argument is that an attorney’s fee is allowed in an action against an unauthorized foreign insurer only under the provisions of Section 626.0508, F.S.1965, F.S.A., [now § 626.911, Fla.Stat. (1993) ] but that Section 626.0509 F.S.1965, F.S.A. specifically exempts therefrom an action against an unauthorized insurer arising out of a contract of insurance issued under the surplus lines law under certain conditions [which existed in the instant case]. We pretermit a determination of whether appellants were exempt from Section 626.0508, F.S.1965 by holding that the appellants were within the scope of Section 627.0127, F.S.1965, F.S.A., [now § 627.428, Fla.Stat. (1993) ] [which provides for the award of attorney’s fees upon rendition of a judgment against an insurer in favor of an insured].
English & Am. Ins. Co., 218 So.2d at 458. Certiorari granted.
NESBITT, J., concurs.
COPE, Judge
(concurring).
I join the majority opinion and would add that in my view this result also follows from the terms of section 626.925, Florida Statutes (1993).