Appellant, a pedestrian, was injured by a motor vehicle insured by appellee. Appellant recovered a judgment against appellee under the personal injury protection coverage of the policy issued by appellee. Appellant also sought to recover reasonable attorney’s fees pursuant to section 627.428(1), Florida Statutes (1981). The trial court granted appellee’s motion to strike appellant’s claim for fees and this appeal ensued. We affirm.
The Florida Supreme Court has limited recovery under section 627.428(1) to: the contracting insured, the insured’s estate, specifically named policy beneficiaries, and third parties who claim policy coverage by assignment from the insured. Roberts v. Carter,
Several districts have expanded the statute’s applicability to cover not only the named insured, but also family members and passengers riding in the insured vehicle. See United States Fidelity & Guaranty Co. v. State Farm Mutual Automobile Insurance Co. (insurer responsible for attorney’s fees of resident spouse of named in
Recently, in Garrett v. Fireman’s Fund Insurance Co.,
However, other cases have been more restrictive in granting awards of attorney’s fees. See Fernandez v. Alonso,
Unlike Garrett, where the claimant was in a consensual relationship with the insured, the claimant here is making a claim which is adverse to the insured’s interests. He is not in a consensual relationship with the insured, and the statute was not intended to benefit such a claimant. Wilder v. Wright,
We certify that our decision is in direct conflict with the Fourth District Court of Appeal’s decision in Prygrocki.
AFFIRMED.
