Florida HB 1269: Awards of Attorney Fees in Insurance Claims

Bill Text

HB 1269 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1269-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to awards of attorney fees in 2
insurance claims; amending s. 86.121, F.S.; revising 3
procedures for awards of attorney fees in legal 4
proceedings for declaratory reliefs to determine 5
insurance coverage; creating s. 626.9375, F.S.; 6
providing guidelines for awards of attorney fees in 7
civil claims for damages against surplus lines 8
insurers; defining the term "judgment"; creating s. 9
627.4275, F.S.; providing guidelines for awards of 10
attorney fees in civil claims for damages against 11
insurers; defining the term "judgment"; amending ss. 12
624.123, 624.488, 627.062, 627.401, 627.727, 627.736, 13
and 628.6016, F.S.; providing applicability; creating 14
ss. 631.696 and 631.9245, F.S.; providing 15
applicability; amending s. 632.638, F.S.; providing 16
applicability; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Section 86.121, Florida Statutes, is amended to 21
read: 22
86.121 Attorney fees; claims actions for declaratory 23
relief to determine insurance coverage after total coverage 24
denial of claim.— 25

HB 1269 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(1) In a claim an action brought for declaratory relief in 26
state or federal court to determine insurance coverage after the 27
insurer denied coverage or reserved its right to deny coverage 28
in the future, has made a total coverage denial of a claim: 29
(a) Either party is entitled to the summary procedure 30
provided in s. 51.011, and the court shall advance the cause on 31
the calendar. 32
(b) the court shall award reasonable attorney fees to the 33
named insured, omnibus insured, or third-party named beneficiary 34
under a policy issued by the insurer upon rendition of a 35
declaratory judgment in favor of the named insured, omnibus 36
insured, or third-party named beneficiary, or upon the insurer's 37
voluntary dismissal of the claim with or without prejudice. This 38
right may not be transferred to, assigned to, or acquired in any 39
other manner by anyone other than a named or omnibus insured or 40
a third-party named beneficiary. A defense offered by an insurer 41
pursuant to a reservation of rights does not constitute a 42
coverage denial of a claim. Such fees are limited to those 43
incurred in the claim action brought under this chapter for 44
declaratory relief to determine coverage of insurance issued 45
under the Florida Insurance Code. 46
(2) This section does not apply to any action arising 47
under a residential or commercial property insurance policy. 48
Section 2. Section 626.9375, Florida Statutes, is created 49
to read: 50

HB 1269 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

626.9375 Attorney fees.— 51
(1) In any civil claim for damages against a surplus lines 52
insurer by a named or omnibus insured or a named beneficiary 53
under an insurance policy or contract executed by the insurer, 54
the trial court or, in the event of an appeal, the appellate 55
court shall award reasonable attorney fees to the prevailing 56
party. For purposes of this subsection: 57
(a) The insured or named beneficiary is the prevailing 58
party: 59
1. If such person obtains a judgment greater than the 60
highest written settlement offer previously made by the insurer 61
to such person; 62
2. If such person obtains a judgment against the insurer 63
when the insurer previously makes no written settlement offer to 64
such person; or 65
3. If the insurer makes a payment to such person after the 66
civil claim is filed but before a final judgment is obtained. 67
(b) If the insured or named beneficiary obtains a judgment 68
against the insurer for an amount greater than the highest 69
written settlement offer made by the insurer before the suit is 70
filed but less than the highest written settlement offer made by 71
the insurer after the suit is filed, the insured or named 72
beneficiary is the prevailing party for the period until the 73
insurer makes the first written settlement offer that is greater 74
than the judgment. 75

HB 1269 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(c) The insurer is the prevailing party if the insured or 76
named beneficiary is not the prevailing party. 77
(d) As used in this subsection, the term "judgment" 78
includes the total amount of the damages, the prejudgment 79
interest on unpaid benefits, and any reasonable attorney fees 80
and costs incurred by the insured or named beneficiary. 81
Notwithstanding any agr