News & Analysis as of

Attorney's Fees Insurance Litigation Florida

Carlton Fields

Florida Appeals Court Decisions Week of May 5 - 9, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more

Rumberger | Kirk

Legislative Alert: Florida’s HB 1551 and SB 554 Raise Concerns for Insurance Carriers

Rumberger | Kirk on

It is no secret that insurance rates in the state of Florida have skyrocketed over the past several years. One of the catalysts to the increased rates was Florida’s attorney fee statute, which had the effect of incentivizing...more

Marshall Dennehey

Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court

Marshall Dennehey on

Universal Property & Casualty Insurance Company v. Medero, Fla. 3d DCA, No. 3D24-0338, February 19, 2025 - The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per...more

Butler Weihmuller Katz Craig LLP

HB 1551 is Bad for Florida

Sometimes, a bill comes clad in sheep’s clothing. But to borrow words from Justice Scalia, “this wolf comes as a wolf.” For decades, Florida was in an insurance crisis....more

Butler Weihmuller Katz Craig LLP

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more

Butler Weihmuller Katz Craig LLP

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).  Herman Cole...more

Quarles & Brady LLP

Sweeping Changes to Florida Tort Laws Are Now in Effect

Quarles & Brady LLP on

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill (HB) 837 into law, effecting sweeping reform of Florida’s tort laws. Some of the most notable changes are to Florida’s frameworks for negligence, insurance,...more

Cozen O'Connor

Florida Begins New Era with Major Property Insurance Reforms

Cozen O'Connor on

For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more

Rumberger | Kirk

Legal Update: Recent Changes to Florida Insurance Law and Its Effect on Litigation

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It is no secret that Florida’s residential property insurance market has experienced a tumultuous past couple of years. Within the past two years alone, a myriad of Florida’s residential property insurance carriers have...more

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more

Cozen O'Connor

Florida Property Insurance Reform Round Three Brings Big Changes

Cozen O'Connor on

For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more

Butler Weihmuller Katz Craig LLP

Attorney’s Fees as an Element Damages in an Uninsured Motorist Bad Faith Lawsuit Make the Plaintiff Whole, not His or Her...

A plaintiff cannot recover attorney’s fees in a Florida lawsuit for Uninsured Motorist (“UM”) benefits unless there is a dispute about whether the insurance policy provides coverage.  However, attorney’s fees from the...more

Butler Weihmuller Katz Craig LLP

Not so Fast! The Confession of Judgment Doctrine in Dispute-Over-Amount Cases

Florida law allows an insured to recover attorney’s fees if the insured prevails in a lawsuit against the insurer for insurance benefits. See § 627.428, Florida Statutes....more

Butler Weihmuller Katz Craig LLP

What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a...more

Butler Weihmuller Katz Craig LLP

What's a Court to Consider After a Post-Suit Payment?

Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language of this statute has been part of Florida law for over a century, and the...more

Robinson+Cole Property Insurance Coverage...

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And...

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the...more

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