Florida Senate - 2019                                     SB 122
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00417-19                                             2019122__
    1                        A bill to be entitled                      
    2         An act relating to attorney fee awards under insurance
    3         policies and contracts; amending ss. 626.9373 and
    4         627.428, F.S.; revising certain attorney fee
    5         provisions in the Florida Insurance Code to specify
    6         that an insured or beneficiary entitled, under certain
    7         circumstances, to attorney fees under an insurance
    8         policy or contract must be a named insured or named
    9         beneficiary; providing that such right to attorney
   10         fees may not be assigned or extended by agreement,
   11         except to certain persons; making technical changes;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 626.9373, Florida Statutes, is amended
   17  to read:
   18         626.9373 Attorney Attorney’s fees.—
   19         (1) Upon the rendition of a judgment or decree by any court
   20  of this state against a surplus lines insurer in favor of any
   21  named or omnibus insured or the named beneficiary under a policy
   22  or contract executed by the insurer on or after the effective
   23  date of this act, the trial court or, if the named insured or
   24  named beneficiary prevails on appeal, the appellate court, shall
   25  adjudge or decree against the insurer in favor of the named
   26  insured or named beneficiary a reasonable sum as fees or
   27  compensation for the named insured’s or named beneficiary’s
   28  attorney prosecuting the lawsuit for which recovery is awarded.
   29  The right to attorney fees under this section may not be
   30  assigned or extended by contract or other agreement to any
   31  person other than another named insured, named beneficiary, or
   32  omnibus insured.
   33         (2) If awarded, attorney attorney’s fees or compensation
   34  must shall be included in the judgment or decree rendered in the
   35  case.
   36         Section 2. Section 627.428, Florida Statutes, is amended to
   37  read:
   38         627.428 Attorney fees Attorney’s fee.—
   39         (1) Upon the rendition of a judgment or decree by any court
   40  of the courts of this state against an insurer and in favor of
   41  any named or omnibus insured or the named beneficiary under a
   42  policy or contract executed by the insurer, the trial court or,
   43  in the event of an appeal in which the named insured or named
   44  beneficiary prevails, the appellate court shall adjudge or
   45  decree against the insurer and in favor of the named insured or
   46  named beneficiary a reasonable sum as fees or compensation for
   47  the named insured’s or named beneficiary’s attorney prosecuting
   48  the suit in which the recovery is awarded had. The right to
   49  attorney fees under this section may not be assigned or extended
   50  by contract or other agreement to any person other than another
   51  named insured, named beneficiary, or omnibus insured.
   52         (2) As to suits based on claims arising under life
   53  insurance policies or annuity contracts, no such attorney fees
   54  may not attorney’s fee shall be allowed if such suit was
   55  commenced prior to expiration of 60 days after proof of the
   56  claim was duly filed with the insurer.
   57         (3) When so awarded, compensation or fees of the attorney
   58  must shall be included in the judgment or decree rendered in the
   59  case.
   60         Section 3. This act shall take effect July 1, 2019.