Tracey v. Florida Insurance Guaranty Ass'n
Tracey v. Florida Insurance Guaranty Ass'n
Opinion of the Court
Appellant Tracey, a passenger in an automobile driven by an unrelated named insured, was injured in an accident. After instituting an action against the insurer
This issue has been decided adversely to appellant by this court in Fernandez v. Alonso, 375 So.2d 8 (Fla. 3d DCA 1979), cert. denied, 383 So.2d 1193 (Fla. 1980). Since that decision, the Fourth District Court of Appeal, in Prygrocki v. Industrial Fire & Casualty Co., 407 So.2d 345 (Fla. 4th DCA 1981), addressing the same issue, ruled that a PIP claimant, unrelated to the named insured, is entitled to recover attorney’s fees incurred in litigation against the insurer. We are constrained by our decision in Fernandez and affirm the trial court’s decision. We certify that this decision is in express and direct conflict with the Fourth District Court of Appeal’s decision in Pry-grocki.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.