Betancourt v. U.S. Security Insurance Co.

SHEVIN, Judge.

Isabel Betancourt, and her daughter, Yeilyn Garcia, petition for a writ of certio-rari. We grant the petition, as the circuit court appellate division departed from the essential requirements of law resulting in a miscarriage of justice. Ivey v. Allstate Ins. Co., 774 So.2d 679, 682 (Fla.2000).

Contrary to the insurer’s protestations, the Stockman v. Downs, 573 So.2d 835 (Fla.1991), “waiver” exception applies in this case. Here, the initial complaints contained a request for attorney’s fees as a result of litigating the personal injury protection benefits [“PIP”] claim. The final…