VALERIE TRACEY, APPELLANT,
v.
FLORIDA INSURANCE GUARANTY ASSOCIATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Passenger injured in accident with unrelated named insured cannot recover attorney's fees under PIP coverage despite Fourth District precedent to the contrary, affirmed under binding Third District precedent.
A passenger who is not the named insured cannot recover attorney's fees incurred in PIP litigation against the insurer under section 627.428(1), Florida Statutes.
[1] A passenger unrelated to the named insured under an automobile insurance policy is not entitled to recover attorney's fees incurred in PIP litigation against the insurer…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceTracey, a passenger in an automobile driven by an unrelated named insured, was injured in an accident and settled a PIP claim against the insurer.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Named Insured cases and more on FLexlaw
PER CURIAM.
Appellant Tracey, a passenger in an automobile driven by an unrelated named insured, was injured in an accident. After instituting an action against the insurer under the insured’s PIP coverage, the parties settled and judgment was entered by the trial court. Claiming to be an insured under the policy, appellant then sought, in a declaratory action, to establish the right to attorney’s fees pursuant to section 627.-428(1), Florida Statutes (1979). The trial court ruled that she was not entitled to attorney’s fees incurred in the litigation.
This issue has been decided adversely to appellant by this court in Fernandez v. Alonso, 375 So. 2d 8 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1193 (Fla.1980). Since that decision, the Fourth District Court of Appeal, in Prygrocki v. Industrial Fire & Casualty Co., 407 So. 2d 345 (Fla. 4th DCA 1981), addressing the same issue, ruled that a PIP claimant, unrelated to the named insured, is entitled to recover attorney’s fees incurred in litigation against the insurer. We are constrained by our decision in Fernandez and affirm the trial court’s decision. We certify that this decision is in express and direct conflict with the Fourth District Court of Appeal’s decision in Pry-grocki.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Indus. Fire & Cas. Ins. Co. v. Prygrocki, 422 So. 2d 314 (Fla. 1982)…where an insured, other than the named insured, seeks attorney’s fees. See Howe v. American Indemnity Co., 418 So. 2d 1265 (Fla. 2d DCA 1982) (pedestrian insured under motorist’s policy denied attorney’s fees); Tracey v. Florida Ins. Guaranty Ass’n, 414 So. 2d 1159 (Fla. 3d DCA 1982) (passenger in automobile driven by unrelated named insured denied attorney’s fees); Fernandez; Aetna Life & Casualty Co. v. Stanger, 367 So. 2d 728 (Fla. 4th DCA 1979) (denying attorney’s fees to an insured under an uninsured moto…
-
Howe v. Am. Indem. Co., 418 So. 2d 1265 (Fla. 2d DCA 1982)…the policy. We held that she was entitled to recover attorney’s fees under the statute, noting that “[s]he 'stands in the shoes’ of a contracting party because her suit is directly on the policy.” Contra Tracey v. Florida Insurance Guaranty Assoc., 414 So. 2d 1159 (Fla. 3d DCA 1982). However, other cases have been more restrictive in granting awards of attorney’s fees. See Fernandez v. Alonso, 375 So. 2d 8 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1193 (1980) (plaintiffs had no connection with the named i…
-
Garrett v. Fireman's Fund Ins. Co., 419 So. 2d 1098 (Fla. 2d DCA 1982)…PER CURIAM. Shortly before this opinion was released, our sister court in Tracey v. Florida Insurance Guaranty Association, 414 So. 2d 1159 (Fla. 3d DCA 1982), rendered a decision on similar facts that an unrelated passenger who had collected PIP benefits could not recover attorney’s fees under section 627.-428(1), Florida Statutes (1979). For the reasons expressed in our opinion, we re…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Prygrocki v. Indus. Fire & Cas. Ins. Co., 407 So. 2d 345 (Fla. 4th DCA 1981)
- Burger Chef Sys., Inc. v. Burger Chef OF Fla., Inc., 375 So. 2d 8 (Fla. 4th DCA 1979)