Florida Statutes
Fla. Stat. § 627.6698 (2025)
Attorney’s fees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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627.6698 Attorney’s fees.—
(1) Upon the rendition of a judgment by any of the courts of this state against an insurer and in favor of any resident of this state who is one of a group of persons insured under a master group health insurance policy executed by the insurer and covering residents of this state, whether issued or delivered inside or outside this state, the trial court or, in the event of an appeal in which the insured prevails, the appellate court shall award the insured a reasonable attorney’s fee. However, attorney’s fees shall not be allowed if the suit was commenced prior to the expiration of 60 days after proof of the claim was duly filed with the insurer.
(2) When so awarded, the attorney’s fee shall be included in the judgment or decree rendered in the case.
Notes of Decisions
Cited in 5
cases, 1992–2008 · leading case: Modder v. Am. Nat. Life Ins. Co., 688 So. 2d 330 (Fla. 1997).
Modder v. Am. Nat. Life Ins. Co., 688 So. 2d 330 (Fla. 1997). “After receiving the favorable judgments, the Modders filed a motion for attorney's fees under section 627.6698, Florida Statutes (1995).”
Florida Auto. Dealers Indus. v. Small, 592 So. 2d 1179 (Fla. 1st DCA 1992). “Six days later, the trial court entered an order that was consistent with the prior final judgment, except that it specified that Small was entitled to attorney's fees pursuant to section 627.6698. We first point out that our review of this case has been impeded by appellee's…”
Arthur Modder & Gail Modder, Plaintiffs-Counter v. Am. Nat'l Life Ins. Co. of Texas, Defendant-Counter Claimant-Appellee, 86 F.3d 1070 (11th Cir. 1996). “6515(2), Florida Statutes does not exempt appellee, American National Life Insurance Company of Texas (Antex), from the all-inclusive language of the attorney’s fees provision under section 627.6698, Florida Statutes. Appellants contend that because the legislature enacted the…”
Lee Mem'l Health Sys. v. Med. Sav. Ins., 288 F. App'x 691 (11th Cir. 2008). “70 in attorney’s fees pursuant to Fla. Stat. § 627.6698 . The district court denied LMHS’s motion on the ground that Fla.”
Modder v. Am. Nat'l Life Ins., 113 F.3d 201 (11th Cir. 1997). “6515(2), Florida Statutes, exempt an insurer from liability under Section 627.6698, Florida Statutes, and if so, has the insurer in this ease provided the factual predicate necessary to come within the exclusionary provision? Modder, 86 F.”
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