Mercury Insurance Company v. Cooper
(Fla. App., 3rd Dist., Nov. 23, 2005)A driver was injured in an accident when struck by a motor vehicle insured by Mercury. Mercury filed a declaratory judgment action against the driver, but, while the action was pending, settled the driver’s claim. Mercury’s insured filed an action against Mercury for attorney’s fees, which the court awarded. Mercury moved for reconsideration based on insurance fraud by its insured. The court affirmed the attorney’s fees under section 627.428 as there is no dispute that the settlement and the voluntary dismissal of the declaratory judgment action were related to each other.
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