Florida Senate - 2018 SB 258
By Senator Farmer
1 A bill to be entitled
2 An act relating to insurance rates; amending ss.
3 627.062 and 627.428, F.S.; prohibiting attorney fees
4 paid pursuant to specified provisions under the
5 Workers’ Compensation Law and the Florida Insurance
6 Code from being included in an insurer’s rate base or
7 used to justify a rate or rate change; providing an
8 effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Subsection (11) is added to section 627.062,
13 Florida Statutes, to read:
14 627.062 Rate standards.—
15 (11) Attorney fees paid pursuant to s. 440.34 or s. 627.428
16 may not be included in the insurer’s rate base and may not be
17 used to justify a rate or rate change.
18 Section 2. Section 627.428, Florida Statutes, is amended to
20 627.428 Attorney fees
21 (1) Upon the rendition of a judgment or decree by any of
22 the courts of this state against an insurer and in favor of any
23 named or omnibus insured or the named beneficiary under a policy
24 or contract executed by the insurer, the trial court or, in the
25 event of an appeal in which the insured or beneficiary prevails,
26 the appellate court shall adjudge or decree against the insurer
27 and in favor of the insured or beneficiary a reasonable sum as
28 fees or compensation for the insured’s or beneficiary’s attorney
29 prosecuting the suit in which the recovery is had.
30 (2) As to suits based on claims arising under life
31 insurance policies or annuity contracts, no such attorney fees
32 attorney’s fee shall be allowed if such suit was commenced prior
33 to expiration of 60 days after proof of the claim was duly filed
34 with the insurer.
35 (3) When so awarded, compensation or fees of the attorney
36 shall be included in the judgment or decree rendered in the
38 (4) Attorney fees paid pursuant to this section may not be
39 included in the insurer’s rate base and may not be used to
40 justify a rate or rate change.
41 Section 3. This act shall take effect July 1, 2018.