Johnson v. Omega Ins. Co.

The Florida Supreme Court found that the Fifth District Court of Appeal’s decision in Omega Ins. Co. v. Johnson, 39 Fla. L. Weekly D1911 (Fla. 5th DCA Sept. 5, 2014) conflicted with its decision in Ivey v. Allstate Ins. Co., 774 So.2d 679, 683-84 (Fla. 2000), and held “that a recovery for attorney’s fees under section 627.428 requires an incorrect denial of benefits by the insurance company, not a bad faith denial.”  Johnson v. Omega Ins. Co., 41 Fla. L. Weekly S415 (Fla. Sept. 29, 2016) (emphasis in original).