Tag Archives: Attorney Fees

Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?

A recent Southern District of Florida decision addressed this issue.1 A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”) made a claim for damages under the standard flood insurance policy (“SFIP”) … Continue Reading

Attorneys’ Fees and Costs for the Prevailing Insured

It has been almost eight months since Hurricane Michael devastated the eastern side of the Florida Panhandle. Not surprisingly, many residents and business owners are exhausted. Exhausted in the deepest sense—exhausted from waiting, exhausted from hoping, exhausted from failed promises made by their insurer, which benefited from premiums faithfully paid, only to find out that … Continue Reading

Fact or Fiction – Attorney Fees in NFIP Flood Cases

It is an unfortunate reality that flood victims generally have very limited recourse against their flood insurance company – particularly if their insurance company is a Write Your Own (“WYO”) Company operating under the National Flood Insurance Program (“NFIP”).… Continue Reading

Policyholder Attorneys Beware: Make Sure Your Contingency Fee Multiplier Awards Are Airtight and “Anderson” Proof

Back on November 7 of last year (2017), I wrote about an important opinion in the world of property insurance litigation, Joyce v. Federated National Insurance Company,1 where the Florida Supreme Court reaffirmed that you could still obtain a contingency-fee multiplier where justified under Quanstrom and in so doing reversed the Fifth District Court of … Continue Reading

Court Reaffirms on Contingency Fee Multipliers in Joyce v. Federated National

William and Judith Joyce filed a claim with their insurer, Federated National, after suffering water damage to their home. Instead of agreeing to cover the loss, Federated National denied the Joyces’ claim alleging they made material misrepresentations on their insurance application by failing to disclose prior losses they had with their previous carrier.… Continue Reading

Texas Governor Signs Texas House Bill 1774 Into Law

On May 7 and May 25, 2017, I wrote about Texas House Bill 1774/Senate Bill 10 that adds significant hurdles to policyholders who want to dispute weather-related property damage claims. On May 26, 2017, Texas Governor Greg Abbott signed the bill into law and it will now go into effect on September 1, 2017.… Continue Reading

“American Rule” Abolished in Oklahoma

Most states follow the “American Rule” when it comes to litigation. In other words, absent a specific statute or contractual provision to the contrary, each party pays their own legal costs and fees. However, the Oklahoma legislature passed, and on May 10, 2017, the governor signed into law, a bill which, in essence, abolished the … Continue Reading

Texas House of Representatives Passes House Bill 1774

Introduced on February 13, 2017, Texas House Bill 1774/Senate Bill 10, has been proposed by its sponsors as a way to curb hail storm lawsuit abuse. However, if signed into law, the bill could have a negative impact on Texas policyholders who have suffered any type of property damage relating to a natural disaster, hail … Continue Reading

California Supreme Court Decides That Policyholder Attorney’s Fees Are Included to Calculate Punitive Damages

On May 5th, I blogged about an important case pending before the California Supreme Court—Nickerson v. Stonebridge Life Insurance Company—that was set to address an important issue for policyholders forced to sue their insurers for bad faith and punitive damages. You can check out my prior blog addressing the issues in the case here.… Continue Reading

California to Decide Whether Policyholder Attorney Fees Are Included to Calculate Punitive Damages

The California Supreme Court heard oral argument recently on an issue that is important to insurance policyholders forced to sue their insurers for bad faith and punitive damages: Whether an award of attorney fees should be included as compensatory damages for purposes of calculating the ratio between punitive and compensatory damages. The case is Nickerson … Continue Reading

Insureds Recover Attorney Fees and Costs Despite Jury Finding of Misrepresentations or False Statements

A recent Florida case involved insureds whose home was insured by Citizens. On May 25, 2012, the home was damaged by water escaping from a broken plumbing system.1 Citizens’ adjuster inspected the home and noticed that the driveway and interior flooring had been trenched and the underground plumbing system had been removed by a plumbing … Continue Reading

New Jersey Federal Court Dismisses Insured’s Claims for Consequential or Incidental Damages in Flood Case

The Standard Flood Insurance Policy (SFIP) provides that policyholders are to be covered for “direct physical loss by or from flood.”1 However, what about compensation for damages such as attorney’s fees, costs and interest? This issue was recently addressed by the federal district court in New Jersey. In Ryan v. Selective Insurance Company of America,2 … Continue Reading

Broker Negligence and Attorneys’ Fees in New Jersey

When you are dealing with damage to a client’s property and attempting to recover insurance proceeds, one of the first questions raised is in reference to attorneys’ fees. The client wants to know if the party that has wronged them will be responsible for their costs and expenses in recovering the insurance proceeds. Unfortunately, New … Continue Reading

Florida Court Draws a Hard Line on Attorney’s Fees from FIGA

The Florida Insurance Guaranty Association (FIGA) is Florida’s public entity for resolving claims for certain insolvent insurers. FIGA is controlled mostly by statute, and attorney’s fees are no exception. Generally, under Florida Statute § 627.428, attorney’s fees are available for an insured who succeeds on legal action against his or her insurance company. However, Florida … Continue Reading

When Does Florida Allow for the Recovery of Attorneys’ Fees?

Many policyholders face a thorny dilemma in disputing their insurance claim because of the fees and costs associated with litigation and the appraisal process. Even when a policyholder prevails and proves an insurer underpaid or a wrongfully denied a claim, the net recovery is reduced by litigation fees that were necessitated to obtain the benefits.… Continue Reading

Florida Supreme Court Rules That Since Insurance Policy Does Not Expressly Provide Coverage For Attorneys’ Fees, FIGA Does Not Have To Pay Them

On January 19th, the Florida Supreme Court issued its opinion in Petty v. Florida Insurance Guaranty Association, which decided whether an insured is entitled to recover attorney’s fees from the Florida Insurance Guaranty Association (FIGA). I wrote about the case in October 2010, when it was at the lower appellate level, in The Definition of … Continue Reading