HENRY EUGENE HELTON, PETITIONER,

v.

PHOENIX INSURANCE COMPANY, RESPONDENT

Citator

Cited By

• Prudential Prop. & Cas. Ins. Co. v. Swindal, 622 So. 2d 467 (Fla. 1993)
  …lusion unless the insured has acted with such specific intent.” Id. at 218 (quoting 44 Am.Jur.2d Insurance § 1411 at 259). Nash and Cloud were later followed in Phoenix Insurance Co. v. Helton, 298 So. 2d 177 (Fla. 1st DCA 1974), cert. discharged, 330 So. 2d 724 (Fla.1976). There, the insured drove his car to the edge of a crowd in an apparent attempt to extricate his wife from a melee at the center of the crowd. In the course of driving the car, the insured struck Helton, who sued for damages. Phoenix asse…
• Roberts v. Carter, 350 So. 2d 78 (Fla. 1977)
  …. denied, 263 So. 2d 829 (Fla. 1972), was misplaced. The rationale of Queen, in any event, has been rejected by our decisions in Wilder and Daleo, as was noted in Phoenix Insurance Co. v. Helton, 298 So. 2d 177 (Fla. 1st DCA 1974), cert. discharged, 330 So. 2d 724 (Fla. 1976). To eliminate any remaining confusion, we now reaffirm Wilder and hold that an award of attorney’s fees under Section 627.428(1) is available only to the contracting insured,6 the insured’s estate, specifically named policy beneficiarie…
• AETNA Life Ins. Co. v. Sievert, 361 So. 2d 747 (Fla. 1st DCA 1978)
  …icy; therefore she cannot recover an attorney’s fee under Section 627.428(1), Florida Statutes (1975). Neither may she prevail on her theory of third party beneficiary. Phoenix Insurance Co. v. Helton, 298 So. 2d 177 (Fla. 1st DCA 1974), cert. dis., 330 So. 2d 724 (Fla.1976). Furthermore, it does not appear that the policy was delivered in this state. (See F.S. 627.401) The provision for $9,000.00 fees is therefore deleted from the Final Judgment. Finally, Aetna contends that certain of Appellee’s costs were…