VALERIE TRACEY, PETITIONER,
v.
FLORIDA INSURANCE GUARANTY ASSOCIATION, RESPONDENT
OVERTON, Judge.
This is a petition to review a decision of the Third District Court of Appeal reported as Tracey v. Florida Insurance Guaranty Association, 414 So. 2d 1159 (Fla. 3d DCA 1982), which we find directly conflicts with the Fourth District Court of Appeal’s decision in Prygrocki v. Industrial Fire & Casualty Insurance Co., 407 So. 2d 345 (Fla. 4th DCA 1981). We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and we quash the decision of the district court.
We recently resolved this conflict in Industrial Fire & Casualty Insurance Co. v. Prygrocki, 422 So. 2d 314 (Fla.1982), where we held that a person who is “an insured” under the personal injury protection coverage of an automobile policy may claim attorney’s fees under section 627.428(1), where coverage has been denied. The petitioner in this case is “an insured” under the policy and is entitled to claim attorney’s fees under the statute. The decision of the district court in the instant case is quashed and this cause is remanded to the trial court for further proceedings in accordance with this Court’s decision in Prygrocki.
It is so ordered.
ADKINS, Acting C.J., and BOYD, MCDONALD and EHRLICH, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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O'Quinn v. Seibels, 447 So. 2d 369 (Fla. 1st DCA 1984)…under the terms of the policy in that the policy agrees to pay personal injury protection benefits to any person occupying the insured vehicle who sustains accidental injury while within the vehicle. See Tracey v. Florida Insurance Guaranty Ass'n., 427 So. 2d 194 (Fla.1983); Vaughan v. Progressive American Insurance Co., 435 So. 2d 889 (Fla. 1st DCA 1983). . Seibels contends, for various reasons, that the affidavits submitted by O’Quinn were inadmissible, and therefore improperly considered by the trial cou…
Authorities Cited
- Indus. Fire & Cas. Ins. Co. v. Prygrocki, 422 So. 2d 314 (Fla. 1982)
- Prygrocki v. Indus. Fire & Cas. Ins. Co., 407 So. 2d 345 (Fla. 4th DCA 1981)
- Tracey v. Fla. Ins. Guar. Ass'n, 414 So. 2d 1159 (Fla. 3d DCA 1982)