Insurance Agents Are Not Liable for Attorney’s Fees Under Florida Statute Sec. 627.428

Underwood Anderson & Assoc., Inc. v. Lillo’s Italian Rest., Inc., (Fla. 1st DCA 2010)

An insurance agent appealed the trial court’s award of $100,000 in attorney’s fees to the insured under Fla. Stat. § 627.428(1) after a judgment for negligence procurement of a flood insurance policy in the insured’s favor, because, the agent claimed, he did not qualify as an insurer under the terms of the statute. The court agreed and held that the agent did not constitute an insurer under § 627.428(1) because he merely facilitated the insurance contract to which he was not a party.

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Tags: Attorney's Fees, Declaratory Action, Fla. Stat. Sec. 627.428, Insurance Agent

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