The bill aims to revise the attorney fee awards in insurance actions by repealing section 86.121 of the Florida Statutes, which pertains to attorney fees in declaratory relief actions regarding insurance coverage after total claim denial. It amends section 624.1552 to clarify the applicability of offer of judgment provisions in civil actions involving insurance contracts, specifically excluding actions governed by the newly created sections 626.9375 and 627.4275. These new sections mandate the award of reasonable attorney fees to the prevailing party in civil actions against surplus lines insurers and other insurers, respectively, while providing definitions and guidelines for determining prevailing parties and what constitutes a good faith settlement offer.

Additionally, the bill amends various sections of the Florida Statutes to ensure the prevailing party attorney fee provisions apply to specific insurers and insurance policies, including those involving surety insurers and assessable mutual insurers. It also establishes that certain claims presented to guaranty associations are subject to these provisions, while clarifying that the new attorney fee rules do not impair rights under existing insurance policies issued before the act's effective date. The bill includes directives for the Division of Law Revision to ensure proper implementation and clarity in the law.

Statutes affected:
H 1551 Filed: 86.121, 624.1552, 624.123, 627.062, 627.736, 627.756, 628.6016