Bill > H1269

This bill revises procedures for awarding attorney fees in various insurance claim scenarios, aiming to clarify when policyholders or beneficiaries can recover their legal costs. It amends existing law to allow for attorney fees in declaratory relief actions to determine insurance coverage, even if the insurer voluntarily dismisses the claim, and expands this to include third-party beneficiaries. The bill also creates new provisions for civil claims against surplus lines insurers and other insurers, establishing guidelines for determining the "prevailing party" and defining what constitutes a "judgment" for the purpose of awarding fees, which includes damages, prejudgment interest, and attorney fees and costs. These new guidelines specify conditions under which an insured or beneficiary is considered to have prevailed, such as obtaining a judgment greater than a settlement offer or if the insurer makes a payment after a claim is filed. The bill also makes these attorney fee provisions applicable to various types of insurance policies and amends several sections of Florida law to incorporate these changes, with a general effective date of July 1, 2026, for claims or lawsuits arising from policies issued on or after that date.

Justice

https://www.flsenate.gov/Session/Bill/2026/1269