Florida Statutes
Part VIII - Unauthorized Insurers and Surplus Lines (Ss. 626.901-626.939)
626.9373 - Attorney fees.

(1) Upon the rendition of a judgment or decree by any court of this state against a surplus lines insurer in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer on or after the effective date of this act, the trial court or, if the insured or beneficiary prevails on appeal, the appellate court, shall adjudge or decree against the insurer in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the lawsuit for which recovery is awarded. In a suit arising under a residential or commercial property insurance policy, the amount of reasonable attorney fees shall be awarded only as provided in s. 57.105 or s. 627.70152, as applicable.
(2) If awarded, attorney fees or compensation shall be included in the judgment or decree rendered in the case.
(3) In a suit arising under a residential or commercial property insurance policy, the right to attorney fees under this section may not be transferred to, assigned to, or acquired in any other manner by anyone other than a named or omnibus insured or a named beneficiary.
History.—s. 5, ch. 2009-166; s. 6, ch. 2021-77; s. 11, ch. 2022-268.

Structure Florida Statutes