No Entitlement to Fees
FEES STRUCK!
In a September 2023 first-party property action, the insured claimed a breach of contract stemming from a June 2023 loss. Plaintiff demanded attorney’s fees pursuant to F.S. 627.70152, 627.428, and 626.9373. The Subject Policy was issued for the period May 2023 through May 2024.
The Carrier filed a Motion to Strike paragraphs of the Complaint including the Wherefore Clause. The Court granted the Carrier’s Motion finding that SB2A repealed Section 627.70152(8), and removed the right to attorney's fees under Section 626.9373 effective January 1, 2023. The Court also found that HB837 repealed Section 627.428 in its entirety on March 24, 2023. Accordingly, the Court found that Plaintiff's demand for attorney's fees was invalid and struck portions of Plaintiff’s Complaint claiming entitlement to attorney's fees pursuant to Rule 1.140(f).
Another great win by Maxwell Erd!
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