The 2022 reforms ended the rule that made insurers pay a winning policyholder's legal fees. Here's how that changes the math on a denied or underpaid claim.
For decades, Florida law let a policyholder who beat their insurer in court recover attorney fees from the carrier — even when the win was small. That “one-way” fee-shift lived in Fla. Stat. § 627.428 and, for surplus-lines and related actions, § 626.9373. Senate Bill 2-A, signed in December 2022, repealed those one-way fee statutes for property insurance disputes.
What “one-way” meant
Under the old rule, if you sued and recovered anything more than the insurer’s pre-suit offer, the carrier generally paid your lawyer’s reasonable fees. You did not risk paying the insurer’s fees if you lost. That asymmetry is what “one-way” describes, and it shaped how property claims were litigated in Florida.
What changed
After SB 2-A, a prevailing policyholder can no longer rely on § 627.428 to shift fees to the insurer in most property cases. 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, and it did not touch the separate civil-remedy / bad-faith path at § 624.155, which addresses how a carrier handled the claim (not just the amount owed). 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. The repeal’s application 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.