National Continental Insurance v. Barker

Appellant insurer, after paying UM benefits to its insured, was subrogated to its insured’s claims against two tortfeasors. Insurer sued the two tortfeasors, but after it was unable to locate one of them, whose testimony was necessary to prove liability against the other, voluntarily dismissed the case. The trial court then awarded attorney’s fees to one of the tortfeasors, under section 57.105, Florida Statutes (1997), concluding there was no justiciable issue of law or fact raised by the complaint. We reverse.

Insurer’s insured, Arthur Littman, was injured when he was struck by a car driven…