Shirtcliffe v. State Farm Mutual Automobile
Shirtcliffe v. State Farm Mutual Automobile
Opinion of the Court
The sole issue on appeal is whether Appellant was entitled to recover statutory attorney’s fees in connection with the declaratory judgment action he filed regarding uninsured motorist coverage. Because we conclude that Appellee initially disputed Appellant’s entitlement to “stacking” uninsured motorist benefits and that its later concession on that issue was tantamount to a confession of judgment, we reverse and remand this cause with instructions for the trial judge to award to Appellant his reasonable fees in an amount to be determined by the trial judge.
A dispute arose between the parties regarding whether Appellant was entitled to stacking coverage under the uninsured motorist component of his parents’ policy.
Based upon the issues raised in the pleadings and status of the record before the trial court, we conclude on de novo review that Appellant was entitled to file a declaratory judgment action and that the payment of the stacking benefit constituted a confession of judgment. Accordingly, Appellant was entitled to fees. Jerkins v. USF & G Specialty Ins. Co., 982 So.2d 15 (Fla. 5th DCA 2008).
REVERSED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.