SB 2-A (Dec. 2022) removed one-way attorney fees in residential and commercial property suits; HB 837 (2023) repealed § 627.428. How that changes a denied claim.
For decades, Florida law let a policyholder who won a judgment against their insurer recover attorney fees from the carrier. That “one-way” fee-shift lived in Fla. Stat. § 627.428 and, for surplus lines insurers, § 626.9373. Senate Bill 2-A (ch. 2022-271), signed December 16, 2022, amended both statutes to say that in a suit arising under a residential or commercial property insurance policy, “there is no right to attorney fees under this section.” House Bill 837 (ch. 2023-15), signed March 24, 2023, then repealed § 626.9373 and § 627.428.
What “one-way” meant
Under § 627.428(1), when a court entered a judgment against an insurer in favor of the insured, the court awarded “a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney.” The section gave the insurer no matching award when the insured lost. That asymmetry is what “one-way” describes.
What changed
After SB 2-A, a prevailing policyholder can no longer rely on § 627.428 to shift fees to the insurer in a suit under a residential or commercial property insurance policy. HB 837 states that, to the extent it affects a right under an insurance contract, it applies to a contract issued or renewed after it became law (ch. 2023-15, s. 29). Fee recovery now generally follows ordinary rules, including offer-of-judgment mechanics under § 768.79, which can cut both ways. The reform also folded into the same package the AOB changes and the shortened notice deadline at § 627.70132.
Why it matters for your claim
- Small underpayments are harder to litigate. Without a fee-shift, the cost of a lawyer can exceed the disputed amount, so economically marginal disputes may not pencil out in court.
- Appraisal and pre-suit steps get more weight. Many amount disputes can move through the policy’s appraisal clause rather than a lawsuit, often faster and cheaper. See our claims walkthrough.
- Documentation matters more. A well-supported claim that a carrier struggles to lowball is worth more when you cannot count on the court to cover your fees. Our coverage guides and tools can help you build the file.
- A public adjuster may be an option for measuring the loss before you decide on litigation, fees are capped by statute. See the public-adjuster directory.
What this does not change
SB 2-A did not eliminate your right to sue. It did amend § 624.1551, which governs the civil-remedy / bad-faith path at § 624.155 against property insurers: no action for extracontractual damages lies until a court has adjudicated that the insurer breached the contract and a final judgment has been rendered against it. Bad-faith exposure and the unfair-claim-practices standard at § 626.9541 still exist. Which insurers you may be dealing with is on our insurance-companies pages.
This is general information about a significant legal change, not legal advice. How these changes apply to your specific policy and dates is fact-specific; confirm the current statutes and how they apply with a licensed Florida attorney before relying on any of this.
General information, not legal advice, laws and policies vary and change. Confirm current statutes and your own dates with a licensed attorney before acting.