Fla. Stat. § 86.121

Current through Chapter 158 of the 2024 Legislative Session

Section 86.121 - Attorney fees; actions for declaratory relief to determine insurance coverage after total coverage denial of claim

A. Section 29, ch. 2023-15, provides that "[t]his act shall not be construed to impair any right under an insurance contract in effect on or before [March 24, 2023]. To the extent that this act affects a right under an insurance contract, this act applies to an insurance contract issued or renewed after [March 24, 2023]."

B. Section 30, ch. 2023-15, provides that "[e]xcept as otherwise expressly provided in this act, this act shall apply to causes of action filed after [March 24, 2023]."

(1) In an action brought for declaratory relief in state or federal court to determine insurance coverage after the insurer has made a total coverage denial of a claim:

(a) Either party is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

(b) The court shall award reasonable attorney fees to the named insured, omnibus insured, or named beneficiary under a policy issued by the insurer upon rendition of a declaratory judgment in favor of the named insured, omnibus insured, or named beneficiary. This right may not be transferred to, assigned to, or acquired in any other manner by anyone other than a named or omnibus insured or a named beneficiary. A defense offered by an insurer pursuant to a reservation of rights does not constitute a coverage denial of a claim. Such fees are limited to those incurred in the action brought under this chapter for declaratory relief to determine coverage of insurance issued under the Florida Insurance Code.

(2) This section does not apply to any action arising under a residential or commercial property insurance policy.

Fla. Stat. § 86.121

s.2, ch. 2023-15.

Added by 2023 Fla. Laws, ch. 15, s 2, eff. 3/24/2023.