Storob v. Sphere Drake Insurance

SCHWARTZ, Chief Judge.

The appellants-insureds successfully defended a declaratory judgment action brought by their liability carrier, resulting in a judgment which established coverage and the carrier’s duty to defend an existing tort claim against them.1 Although they were thus entitled to attorney’s fees under section 627.428, Florida Statutes (1997), in the order now under review, the trial court nevertheless denied fees on the authority of Stockman v. Downs, 573 So.2d 835 (Fla. 1991), because the appellants had not asserted a *376fees claim in any of their pleadings. Although that was indeed…