The bill proposes significant changes to the attorney fee awards in insurance actions by repealing section 86.121 of the Florida Statutes, which pertains to attorney fees in actions for declaratory relief 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 those 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 the nature of settlement offers.

Additionally, the bill amends various sections of the Florida Statutes to ensure the prevailing party attorney fee provisions apply to specific insurers, insurance policies, and coverage types. It also establishes that certain entities, such as owners and contractors, are deemed insureds for the purposes of attorney fees in suits against surety insurers. The bill clarifies that the new provisions apply only to insurance policies or contracts issued after the effective date of the act and does not impair rights under existing policies. Overall, the bill aims to streamline the process for awarding attorney fees in insurance-related civil actions, enhancing clarity and fairness in the legal framework governing these disputes.

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