Underwood Anderson & Associates, Inc. v. Lillo's Italian Restaurant, Inc.

Appellant Underwood Anderson & Associates, Inc., appeals a final judgment in which the trial court awarded appellee, Lillo’s Italian Restaurant, Inc., attorney’s fees against Underwood Anderson pursuant to section 627.428(1), Florida Statutes (2004), having found that Underwood Anderson was an “insurer” under the statute. We reverse and remand, because the agent was not an insurer under the facts of this case.

Lillo’s obtained flood coverage from Fidelity National Insurance Company through insurance agent, Underwood Anderson. After Hurricane Ivan destroyed the restaurant in September 2004, the…