The Florida Legislature has sought fit to provide for the recovery of attorney’s fees in first party insurance case. The rationale behind this statute is that the insurer’s should act correctly and in conformity to the contact of insurance and that insureds that are forced to sue their own insurance company should be made whole. The legislature also realized that insurance companies have deep pockets and “the upper hand” and this statute provides a tool for insureds and their attorneys to use to help “level the field” and work on equal footing s the insurance companies.
Thus, persons and entities that sue their insurance companies for the insurance companies failure to abide by the policy of insurance or breaches of that policy can get their attorney’s fees paid by their insurer.
The Florida Statute providing for the payment of attorney’s fees is listed below.
2015 Fla. Stat. 627.428 Attorney’s fee.—
(1) Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had.
(2) As to suits based on claims arising under life insurance policies or annuity contracts, no such attorney’s fee shall be allowed if such suit was commenced prior to expiration of 60 days after proof of the claim was duly filed with the insurer.
(3) When so awarded, compensation or fees of the attorney shall be included in the judgment or decree rendered in the case.
History.—s. 477, ch. 59-205; s. 1, ch. 67-400; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 376, 377, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 114, ch. 92-318.
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