Florida District Courts of Appeal, 1989

Bendell v. Government Employees Insurance Co.

Bendell v. Government Employees Insurance Co.
Florida District Courts of Appeal · Decided November 15, 1989 · Anstead, Garrett, Stone
551 So. 2d 1280; 14 Fla. L. Weekly 2639; 1989 Fla. App. LEXIS 6326; 1989 WL 136087 (Southern Reporter, Second Series)

Bendell v. Government Employees Insurance Co.

Opinion of the Court

PER CURIAM.-

Reversed and remanded for further proceedings in accord with Leaf v. State Farm Mut. Auto. Ins. Co., 544 So.2d 1049 (Fla. 4th DCA 1989).

ANSTEAD and GARRETT, JJ., concur. STONE, J., dissents with opinion.

Dissenting Opinion

STONE, Judge,

dissenting.

In my judgment, the trial court did not err by denying attorney’s fees to the prevailing plaintiff in this action to compel arbitration. I would recede from Leaf v. State Farm Mut. Auto. Ins. Co., 544 So.2d 1049 (Fla. 4th DCA 1989) and Hartford Ins. Co. of the Midwest v. Moudy, 547 So.2d 974 (Fla. 4th DCA 1989). Section 627.727(8), Florida Statutes (1987) restricts the award of fees in uninsured motorist actions to coverage disputes and circumstances where the insurer has denied coverage. Here, there is no dispute over coverage, nor has there been a denial of coverage. The sole issue to be resolved was whether the plaintiff was entitled to the resolution of his claim, brought under Section 627.727, Florida Statutes (1987), by arbitration rather than litigation. Therefore, I would affirm on the authority of *1281Lachance v. Sagumeri, 537 So.2d 665 (Fla. 4th DCA), rev. denied, 545 So.2d 1368 (Fla. 1989).

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