Coppola v. Federated National Insurance Co.

We reverse an order denying statutory attorney’s fees incurred by the insured in defending a declaratory judgment action initiated by Federated National Insurance Company (Federated). Federated had claimed that there was no coverage for a pending personal injury claim under the insured’s homeowner’s policy.

We conclude that Federated’s voluntary dismissal of its declaratory action conferred a benefit on the defendant insured. Therefore, the insured is entitled to attorney’s fees as the prevailing party pursuant to section 627.428, Florida Statutes.

In the declaratory action, Federated claimed…