Tran v. State Farm Fire & Casualty Co.

District Court of Appeal of Florida

Tran v. State Farm Fire & Casualty Co.

860 So. 2d 1000, 2003 Fla. App. LEXIS 16117, 2003 WL 22432656

CourtDistrict Court of Appeal of Florida

DecidedOctober 28, 2003

DocketNo. 1D02-3678

StatusPublished

Cited by1 cases

This text of 860 So. 2d 1000 (Tran v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tran v. State Farm Fire & Casualty Co., 860 So. 2d 1000, 2003 Fla. App. LEXIS 16117, 2003 WL 22432656 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

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. [1001]*1001We 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.

BARFIELD, BENTON, and VAN NORTWICK, JJ., concur.

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PER CURIAM.

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. [1001]*1001We 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.

BARFIELD, BENTON, and VAN NORTWICK, JJ., concur.

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860 So. 2d 1000, 2003 Fla. App. LEXIS 16117, 2003 WL 22432656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tran-v-state-farm-fire-casualty-co-fladistctapp-2003.

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