The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.6698

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.

History.—ss. 2, 3, ch. 87-278; s. 114, ch. 92-318.

F.S. 627.6698 on Google Scholar

F.S. 627.6698 on Casetext

Amendments to 627.6698

Arrestable Offenses / Crimes under Fla. Stat. 627.6698

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.6698.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEE MEMORIAL HEALTH SYSTEM, v. MEDICAL SAVINGS INSURANCE COMPANY,, 288 F. App'x 691 (11th Cir. 2008)

. . . . § 627.6698. The district court denied LMHS’s motion on the ground that Fla. . . . . § 627.515(2) exempts MSIC from attorney’s fees that it would otherwise be liable for under § 627.6698 . . .

K. KOHL, D. C. Dr. P. A. d b a v. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., 988 So. 2d 654 (Fla. Dist. Ct. App. 2008)

. . . The complaint also sought attorney’s fees pursuant to sections 627.428 and 627.6698, Florida Statutes . . .

FREEDOM LIFE INSURANCE COMPANY OF AMERICA, a v. WALLANT, 891 So. 2d 1109 (Fla. Dist. Ct. App. 2004)

. . . includes a request for damages, pre-judgment interest, and penalty interest under Florida Statute sections 627.6698 . . . request for damages, declaratory relief, pre-judgment interest, and penalty interest under sections 627.6698 . . .

TRANS COASTAL ROOFING COMPANY, INC. a v. DAVID BOLAND INCORPORATED, a, 309 F.3d 758 (11th Cir. 2002)

. . . . § 627.6698’s authorization of fee recovery by persons insured under group health insurance policy). . . .

MODDER v. AMERICAN NATIONAL LIFE INSURANCE COMPANY OF TEXAS,, 113 F.3d 201 (11th Cir. 1997)

. . . provision of Section 627.6515(2), Florida Statutes, exempt an insurer from liability under Section 627.6698 . . . that the clear language of section 627.6515(2) establishes that the attorney’s fee penalty of section 627.6698 . . .

MODDER v. AMERICAN NATIONAL LIFE INSURANCE COMPANY OF TEXAS,, 688 So. 2d 330 (Fla. 1997)

. . . After receiving the favorable judgments, the Modders filed a motion for attorney’s fees under section 627.6698 . . . Section 627.6698, also within part VII of chapter 627 and entitled “Attorney’s fees,” reads as follows . . . As ANTEX points out, both sections 627.6515(2) and 627.6698 are found in part VII of chapter 627 of the . . . Because section 627.6698 is within part VII, it is among the statutory sections that are not applicable . . . While the text of section 627.6698 is not selflimiting, its application is clearly limited by the terms . . .

MODDER v. AMERICAN NATIONAL LIFE INSURANCE COMPANY OF TEXAS,, 86 F.3d 1070 (11th Cir. 1996)

. . . Company of Texas (Antex), from the all-inclusive language of the attorney’s fees provision under section 627.6698 . . . have contemplated that section 627.6515(2) would exempt an insurer from fee liability under section 627.6698 . . . group under section 627.6515(2), thereby qualifying for exemption from fee liability under section 627.6698 . . . After receiving the favorable judgments, appellants filed a motion for attorney’s fees under section 627.6698 . . . exclusionary provision of section 627.6515, Florida Statutes to the attorney’s provision of section 627.6698 . . .

FLORIDA AUTOMOBILE DEALERS INDUSTRY BENEFIT TRUST, v. N. SMALL,, 592 So. 2d 1179 (Fla. Dist. Ct. App. 1992)

. . . Nevertheless, we conclude that attorney’s fees were properly awarded pursuant to section 627.6698, which . . . None of these eases, however, involves a construction of section 627.6698. . . . Without deciding whether section 627.428 applies to self-insurers, we conclude that section 627.6698 . . . Section 627.6698 is located in Part VII. . . . Section 627.6698 provides a mandatory award of attorney’s fees to a prevailing party in an action by . . .