Updated November 2, 2026. General claim information and public-adjuster commentary. Policy dates, loss facts and later legal developments can change the answer. A Florida attorney should advise on legal rights, deadlines and litigation.
Do not assume an insurance lawyer is free, or that fee recovery is impossible. The answer depends on the policy, applicable law, the case and the written fee agreement. Florida’s 2022–2023 reforms changed a major source of payment for policyholders’ attorneys.
What SB 2-A and HB 837 changed
SB 2-A removed the former one-way statutory attorney-fee entitlement for residential and commercial property-policy suits. HB 837 later repealed sections 627.428 and 626.9373. Winning additional policy benefits under the changed framework does not, by itself, entitle the owner to recover fees under those former provisions. SB 2-A · HB 837.
Before these changes, qualifying fee recovery could allow a lawyer to pursue an underpayment without taking the entire legal fee from the owner’s repair money. It was still necessary to meet the statute and agree on representation terms. The statement that every successful insured previously received a free attorney is too broad.
Why this can hurt an owner’s recovery
If legal fees and costs are paid from the recovery, less may remain for the repairs. A modest disputed amount can become difficult to pursue economically. That cost can put pressure on a homeowner, association or business considering a low offer. It does not excuse an insurer from paying covered benefits.
Illustration only: a $100,000 recovery less a hypothetical one-third attorney fee leaves about $66,667 before expenses and other obligations. One-third is not a legally fixed property-claim fee and is not evidence that insurers routinely discount offers by 33.3%. The actual agreement may use a different percentage, a different fee base or another arrangement.
Older policies and other fee mechanisms still matter
In Blumberg v. Security First Insurance Company, No. 5D2024-1214 (August 28, 2025), the Fifth District held that the fee changes could not be applied retroactively to the earlier policy in that case. The filing date alone did not decide entitlement. Read the opinion.
Qualifying proposals for settlement under section 768.79 can also create fee consequences for either side. Other grounds may apply in a particular case. They have technical requirements and risks. The separate declaratory-judgment fee provision in section 86.121 expressly excludes residential and commercial property-policy actions.
Questions to ask a Florida insurance attorney
- Which policy period and legal changes govern my claim?
- What fee is charged, and does it apply to new money, previously paid money or another defined amount?
- Who pays expert, court and other costs, and when?
- Can fees be recovered separately from the insurer in this case?
- What are the risks of rejecting a formal proposal for settlement?
- What would I receive after fees, costs and other applicable obligations under different outcomes?
A public adjuster can inspect, document, estimate and negotiate the property claim within the licensed role. A public adjuster is not a substitute for an attorney and cannot promise to avoid litigation or provide legal advice. Read the full Florida reform guide.
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David Dwyer, designated primary adjuster: Florida license W391016. Experienced Public Adjusters: firm license W807213. Representation is subject to a written agreement; no settlement outcome is guaranteed.