Florida Senate - 2015                                    SB 1210
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00982-15                                           20151210__
    1                        A bill to be entitled                      
    2         An act relating to attorney fees in certain lawsuits
    3         decided against insurers; amending s. 627.428, F.S.;
    4         providing that the statutory requirements for attorney
    5         fee awards for certain judgments or decrees against
    6         insurers do not apply if the suit is brought by or on
    7         behalf of a third party to the insurance policy or
    8         contract or if the proceeds of a judgment or decree
    9         are awarded to such third party; making technical
   10         changes; reenacting ss. 624.123(4), 624.488(4),
   11         627.062(3)(b), 627.351(6)(s), 627.401(3), (4), and
   12         (5), 627.7074(15)(b), 627.727(8), 627.736(8),
   13         627.756(1), 628.6016(4), 631.70, 631.926, and
   14         632.638(11), F.S., to incorporate the amendment made
   15         to s. 627.428, F.S., in references thereto; providing
   16         an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 627.428, Florida Statutes, is amended to
   21  read:
   22         627.428 Attorney fees Attorney’s fee.—
   23         (1) Upon the rendition of a judgment or decree by any of
   24  the courts of this state against an insurer and in favor of any
   25  named or omnibus insured or the named beneficiary under a policy
   26  or contract executed by the insurer, the trial court or, in the
   27  event of an appeal in which the insured or beneficiary prevails,
   28  the appellate court shall adjudge or decree against the insurer
   29  and in favor of the insured or beneficiary a reasonable sum as
   30  fees or compensation for the insured’s or beneficiary’s attorney
   31  prosecuting the suit in which the recovery is had.
   32         (2) As to suits based on claims arising under life
   33  insurance policies or annuity contracts, an attorney no such
   34  attorney’s fee shall not be allowed if the such suit was
   35  commenced prior to the expiration of 60 days after proof of the
   36  claim was duly filed with the insurer.
   37         (3) When so awarded, compensation or fees of the attorney
   38  shall be included in the judgment or decree rendered in the
   39  case.
   40         (4) This section does not apply to a third party to the
   41  insurance policy or contract if the suit against the insurer is
   42  brought by or on behalf of the third party or if the proceeds of
   43  a judgment or decree against the insurer are awarded to the
   44  third party.
   45         Section 2. Subsection (4) of s. 624.123, subsection (4) of
   46  s. 624.488, paragraph (b) of subsection (3) of s. 627.062,
   47  paragraph (s) of subsection (6) of s. 627.351, subsections (3),
   48  (4), and (5) of s. 627.401, paragraph (b) of subsection (15) of
   49  s. 627.7074, subsection (8) of s. 627.727, subsection (8) of s.
   50  627.736, subsection (1) of s. 627.756, subsection (4) of s.
   51  628.6016, s. 631.70, s. 631.926, and subsection (11) of s.
   52  632.638, Florida Statutes, are reenacted for the purpose of
   53  incorporating the amendment made by this act to s. 627.428,
   54  Florida Statutes, in references thereto.
   55         Section 3. This act shall take effect July 1, 2015.