The United States sued Pepper's Steel and others for allegedly polluting a scrap metal recovery site. Pepper's sought coverage from its insurer, and ultimately succeeded when it sued to enforce a $2 million settlement offer made by that insurer. Pepper's also sought attorneys fees from the insurer, which the trial court declined to award. The case was appealed to the U.S. Eleventh Circuit Court of Appeals, which certified the question to this Court.