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2nd DCAJuly 29, 2026Affirmed🔬 Novel Issue

Donna Hurst, as personal representative of the Estate of Howard Mathews, deceased v. Daymon Bell and Progressive Select Insurance Company

Case No. 2025-0645

The Second District affirmed the denial of a judgment creditor's motion to join a liability insurer to a proposal-for-settlement attorney's fee judgment entered against its insured, holding that the Progressive policy unambiguously excluded adverse attorney's fee awards from its Additional Payments coverage. The court distinguished Government Employees Insurance v. Macedo on the ground that the GEICO policy there contained no express fee disclaimer, and it declined to treat a general 'reasonable expenses... incurred at our request' clause as an implied grant of attorney's fee coverage. The opinion also holds that judicial disagreement over similar policy language does not itself create ambiguity.

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