Prevailing Insured Recovering Reasonable Trial Court and Appellate Court Fees

A prevailing insured can recover its reasonable attorney’s fees in an action against an insurer.

Florida Statute s. 627.428(1) provides:

(1) 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.

In Allen v. State Farm Florida Ins. Co., 41 Fla.L.Weekly D1902a (Fla. 2d DCA 2016) the Second District held that a prevailing insured can recover appellate attorney’s fees incurred in a direct appeal or writ of certiorari.   “If the purpose of the statute is to be achieved, it is illogical to grant fees to a successful insured who files a direct appeal but to deny fees to a successful insured who files a certiorari petition.” Id.

Please contact David Adelstein at dadelstein@gmail.com 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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