Recovering Attorney’s Fees in Action Against Insurer

As an insured, you can recover attorney’s fees if you are in a dispute with your insurer. 

Florida Statute s. 627.428 provides in pertinent portion:

Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court or, in the event of an appeal in which the insured or beneficiary prevails, the appellate court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had.

Make sure you keep this statute in consideration if you are in a dispute with an insurer such as an insurance coverage dispute.  This statute would entitle you–the insured–to recover your reasonable attorney’s fees if you prevail.

Please contact David Adelstein at or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.


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