Bill Text: FL S1210 | 2015 | Regular Session | Introduced
Bill Title: Attorney Fees in Certain Lawsuits Decided Against Insurers
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Banking and Insurance [S1210 Detail]
Download: Florida-2015-S1210-Introduced.html
Florida Senate - 2015 SB 1210 By Senator Hays 11-00982-15 20151210__ 1 A bill to be entitled 2 An act relating to attorney fees in certain lawsuits 3 decided against insurers; amending s. 627.428, F.S.; 4 providing that the statutory requirements for attorney 5 fee awards for certain judgments or decrees against 6 insurers do not apply if the suit is brought by or on 7 behalf of a third party to the insurance policy or 8 contract or if the proceeds of a judgment or decree 9 are awarded to such third party; making technical 10 changes; reenacting ss. 624.123(4), 624.488(4), 11 627.062(3)(b), 627.351(6)(s), 627.401(3), (4), and 12 (5), 627.7074(15)(b), 627.727(8), 627.736(8), 13 627.756(1), 628.6016(4), 631.70, 631.926, and 14 632.638(11), F.S., to incorporate the amendment made 15 to s. 627.428, F.S., in references thereto; providing 16 an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 627.428, Florida Statutes, is amended to 21 read: 22 627.428 Attorney feesAttorney’s fee.— 23 (1) Upon the rendition of a judgment or decree by any of 24 the courts of this state against an insurer and in favor of any 25 named or omnibus insured or the named beneficiary under a policy 26 or contract executed by the insurer, the trial court or, in the 27 event of an appeal in which the insured or beneficiary prevails, 28 the appellate court shall adjudge or decree against the insurer 29 and in favor of the insured or beneficiary a reasonable sum as 30 fees or compensation for the insured’s or beneficiary’s attorney 31 prosecuting the suit in which the recovery is had. 32 (2) As to suits based on claims arising under life 33 insurance policies or annuity contracts, an attorneyno such34attorney’sfee shall not be allowed if thesuchsuit was 35 commenced prior to the expiration of 60 days after proof of the 36 claim was duly filed with the insurer. 37 (3) Whensoawarded, compensation or fees of the attorney 38 shall be included in the judgment or decree rendered in the 39 case. 40 (4) This section does not apply to a third party to the 41 insurance policy or contract if the suit against the insurer is 42 brought by or on behalf of the third party or if the proceeds of 43 a judgment or decree against the insurer are awarded to the 44 third party. 45 Section 2. Subsection (4) of s. 624.123, subsection (4) of 46 s. 624.488, paragraph (b) of subsection (3) of s. 627.062, 47 paragraph (s) of subsection (6) of s. 627.351, subsections (3), 48 (4), and (5) of s. 627.401, paragraph (b) of subsection (15) of 49 s. 627.7074, subsection (8) of s. 627.727, subsection (8) of s. 50 627.736, subsection (1) of s. 627.756, subsection (4) of s. 51 628.6016, s. 631.70, s. 631.926, and subsection (11) of s. 52 632.638, Florida Statutes, are reenacted for the purpose of 53 incorporating the amendment made by this act to s. 627.428, 54 Florida Statutes, in references thereto. 55 Section 3. This act shall take effect July 1, 2015.