WATER DAMAGE EXPRESS, LLC a/a/o JOANNE DILLARD v. FIRST PROTECTIVE INSURANCE COMPANY d/b/a FRONTLINE INSURANCE

Summary

The Florida Fourth District Court of Appeal held that section 627.7152(10), Florida Statutes (2019), did not retroactively bar an assignee’s claim for attorney’s fees under section 627.428(1). Because the insurance policy, covered loss, and assignment of benefits agreement all preceded the effective date of section 627.7152, the court reversed the order striking the fee motion and remanded for further proceedings.

Holdings

1. Section 627.7152(10) does not apply retroactively to an assignment-of-benefits agreement executed before May 24, 2019, merely because the related lawsuit was filed after that date.
2. Section 627.428(1), Florida Statutes (2018), governs the appellant's attorney's-fee claim because it was the applicable statute when the insurance policy was issued, the loss occurred, and the assignment-of-benefits agreement was executed.
3. The trial court erred in striking Water Damage Express's motion for attorney's fees.

Questions Presented

1. Whether section 627.7152(10), Florida Statutes (2019), applies retroactively to an assignment-of-benefits agreement executed before the statute's effective date when the lawsuit was filed after the statute became effective.
2. Whether the appellant's statutory right to attorney's fees is governed by section 627.428(1), Florida Statutes (2018), or by section 627.7152(10), Florida Statutes (2019).
3. Whether the trial court erred by striking the appellant's motion for attorney's fees.

Disposition

reversed_and_remanded