Avila v. Latin American Property & Casualty Insurance Co.

GERSTEN, Judge.

This appeal arises from an order denying the award of attorney’s fees to an insured, which followed an order granting the insurer’s motion to dismiss. The insured, appellant Lucio Avila (Avila), raises the issue of his entitlement to attorney’s fees, pursuant to section 627.428, Florida Statutes (1987). We reverse and remand.

The record reveals that Avila suffered personal injuries from an automobile accident while his automobile insurance policy was in full force and effect with appellee, Latin American Property and Casualty Insurance Company (Latin American). Latin American…