2 Fla. L. Weekly Supp. 197a
Attorney’s fees — Insurance
DIANE SANDERLIN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Appellee. 19th Judicial Circuit in and for St. Lucie County, Appellate Division. Case No. 92-872-CA-25. L.T. No. 91-4925-CC-09. Decision filed April 30, 1993. Appeal from County Court, James W. Midelis, Judge. Helen W. McAfee, West Palm Beach, for Appellant. James O. Williams, Jr., West Palm Beach, for Appellee.
(PER CURIAM.) REVERSED and Remanded for further proceedings. The trial court erred in granting summary judgment in favor of Defendant below, State Farm Mutual Automobile Insurance Company. See Wollard v. Lloyd’s and Companies of Lloyd’s, 439 So.2d 217 (Fla. 1983); Cincinnati Insurance Co. v. Palmer, 297 So.2d 96 (Fla. 4th DCA 1974); Gibson v. Walker, 380 So.2d 531 (Fla. 5th DCA 1980) (payment of a claim after a suit has been filed is the functional equivalent of a confession of judgment, even if suit may have been filed prematurely as in Gibson v. Walker, supra, and thereby insurer becomes liable for payment of insured’s attorneys’ fees under the PIP statute simply by its settlement of the suit before a judgment was entered). (FENNELLY, P.J., CHARLES SMITH and MAKEMSON, JJ., concur.)
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