Tran v. State Farm Fire and Casualty Co., 1D02-3678.
| Decision Date | 28 October 2003 |
| Docket Number | No. 1D02-3678.,1D02-3678. |
| Citation | 860 So.2d 1000 |
| Parties | Julia Hong TRAN, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Appellee. |
| Court | Florida District Court of Appeals |
David Lee Sellers, Pensacola, for Appellant.
Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellee.
Section 768.79, Florida Statutes, applies to cases brought pursuant to section 627.736, Florida Statutes, and to cases pending in small claims court. Nichols v. State Farm Mutual, 851 So.2d 742 (Fla. 5th DCA 2003); U.S. Security Insurance Co. v. Cahuasqui, 760 So.2d 1101 (Fla. 3d DCA 2000),review dismissed, 796 So.2d 532 (Fla.2001). We accordingly answer the certified questions in the affirmative. We certify to the Florida Supreme Court, however, the following question as one of great public importance: May an insurer recover attorney's fees under rule 1.442, Florida Rules of Civil Procedure, and section 768.79, Florida Statutes, in an action by its insured to recover under a personal injury protection policy?
AFFIRMED.
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State Farm Mut. Auto. Ins. Co. v. Nichols
...answered yes, Nichols, 851 So.2d at 745, as have the other two district courts to consider the issue. See Tran v. State Farm Fire & Cas. Co., 860 So.2d 1000 (Fla. 1st DCA 2003); Cahuasqui, 760 So.2d at 1101. Two of those cases, however, produced dissents. See Nichols, 851 So.2d at 747 (Sawa......
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Cent. Fla. Med. & Chiropractic Ctr. v. Progressive Am. Ins. Co.
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