29 Fla. L. Weekly D1974b
Insurance — Attorney’s fees — Question certified: Under section 627.428 is an insured entitled to recover from its insurer attorney’s fees incurred in successfully litigating entitlement to an attorney’s fee multiplier?
ALLSTATE INDEMNITY CO., Petitioner, v. JEFFREY HICKS, Respondent. 5th District. Case No. 5D03-3605. Opinion Filed August 27, 2004. Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity. Counsel: Joseph Currier Brock and Steven W. Igou, Orlando, and Charles W. Hall, of Fowler White Boggs Banker, P.A., St. Petersburg, for Petitioner. John G. Crabtree, Key Biscayne, and Michael B. Brehne, Maitland, for Respondent.ON MOTIONS FOR REHEARING, REHEARINGEN BANC AND CERTIFICATION OF QUESTIONOF GREAT PUBLIC IMPORTANCE[Original Opinion at 29 Fla. L. Weekly D1523a]
(PER CURIAM. ) The motions for rehearing and rehearing en banc are denied. However, we certify, as a question of great public importance,1 the following:
UNDER SECTION 627.428, FLORIDA STATUTES, IS AN INSURED ENTITLED TO RECOVER FROM ITS INSURER ATTORNEY’S FEES INCURRED IN SUCCESSFULLY LITIGATING ENTITLEMENT TO AN ATTORNEY’S FEE MULTIPLIER?
REHEARING DENIED; QUESTION CERTIFIED. (PLEUS, PALMER and ORFINGER, JJ., concur.)
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1Fla. R. App. P. 9.030(a)(2)(A)(v).
