It seems axiomatic that when an insured has to institute litigation against its insurance company to determine whether or not insurance coverage exists, and insurance coverage is found to exists, the insured should be entitled to attorney’s fees pursuant to Section 627.428, Fla. Stat.  However, as seen by a recent Federal Court decision, such is not always the

Most commercial property, and homeowners dwelling policies in are considered “all-risk” policies. “The term all-risk is given a broad and comprehensive meaning.” Wallach v. Rosengerg, 527 So.2d 1386, 1388 (Fla. 3rd DCA 1988). “The purpose of an all-risk policy is to protect against all risks except those expressly excluded.” Fayad v. Clarendon National Insurance