26 Fla. L. Weekly D2227b
Insurance — Commercial general liability policy — Coverage — Attorney’s fees assessed in suit on behalf of former resident of insured adult assisted living facility — Question certified: Can an insured recover reasonable attorney’s fees as “damages” from its liability insurer when the attorney’s fees were awarded to a prevailing plaintiff pursuant to section 400.429, Florida Statutes, against the insured, and the insurance contract provides the insurer “will pay on behalf of the insured all sums which the insured shall become obligated to pay as damages because of injury to which this insurance applies caused by a medical incident which occurs during the policy period?
SCOTTSDALE INSURANCE COMPANY, Appellant, v. RUTH W. HAYNES, etc., et al., Appellee. 5th District. Case No. 5D00-111. Opinion filed September 14, 2001. Appeal from the Circuit Court for Volusia County, Robert K. Rouse, Jr., Judge. Counsel: Kenneth M. Rubin of Wiederhold, Moses & Rubin, P.A., West Palm Beach, for Appellant. Laura P. Denault and C. Richard Newsome of Overchuck, Newsome, Schwerer Denault, L.L.P., Orlando, for Appellee Home Away From Home of Holly Hill, Inc. No Appearance for Appellee Ruth W. Haynes, etc. Jeff Tomberg, J.D., P.A., Boynton Beach, Amicus for The Academy of Florida Trial Lawyers.ON MOTION TO CERTIFY ISSUE AS TO DIRECT CONFLICTOR IN THE ALTERNATIVE
TO CERTIFY AS TO GENERAL PUBLIC IMPORTANCE[Original Opinion at 26 Fla. L. Weekly D1568b]
(SHARP, W., J.) We grant the appellees’ and the amicus curie’s motions to certify the issue involved in this case as one of great public importance,1 but we deny the balance of their motions.2
Accordingly, we certify to the Florida Supreme Court the following question as one of great public importance:
CAN AN INSURED RECOVER REASONABLE ATTORNEY’S FEES AS “DAMAGES” FROM ITS LIABILITY INSURER WHEN THE ATTORNEY’S FEES WERE AWARDED TO A PREVAILING PLAINTIFF PURSUANT TO SECTION 400.429, FLORIDA STATUTES, AGAINST THE INSURED, AND THE INSURANCE CONTRACT PROVIDES THE INSURER “WILL PAY ON BEHALF OF THE INSURED ALL SUMS WHICH THE INSURED SHALL BECOME OBLIGATED TO PAY AS DAMAGES BECAUSE OF INJURY TO WHICH THIS INSURANCE APPLIES CAUSED BY A MEDICAL INCIDENT WHICH OCCURS DURING THE POLICY PERIOD?
Motion to Certify Question GRANTED; Balance of Motions DENIED. (PETERSON, J., and POWELL, R.W., Associate Judge, concur.)
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1Fla. R. App. P. 9.030(a)(2)(B)(i)
2Motion to Certify Issue as a Direct Conflict (Fla. R. App. P. 9.030(a)(2)(A)(vi); and Motion for Rehearing.
