ORLANDO, Fla. — Lawmakers in Tallahassee are looking at a new insurance bill aimed at keeping insurance companies in the Sunshine State. This year, multiple agencies have left the market in Florida.

Meanwhile, premiums for Floridians are sky high, and three times the national average according to the Insurance Information Institute. One of the most contentious parts of the new bill deals with litigation fees.

What You Need To Know

  • The bill would prevent homeowners from recouping attorney's fees from insurance companies following a successful law suit

  • Opponents said this would create a major barrier to working class Floridians seeking civil justice

  • Proponents, however, argue litigation in the state of Floirda has become frivolous and this will help keep insurers in the state's marketplace

Lawmakers are fighting to balance enticing Florida insurers and looking out for homeowner’s interests. Opponents of a new bill argue the measures are doing too much for insurance companies, and not enough for policy holders.

“[Homeowners] will not be able to hold their own insurance company accountable if it’s wrongfully denied, and they’re not going to be able to repair their property,” said Greg Krak, attorney with the Insurance Dispute Law Group.

Some worry that many homeowners cannot afford a lawyer on their own, and getting rid of their ability to recoup fees would stop them from seeking justice after a wrongfully denied claim.

“I would not be able to afford a lawyer. I would try to scramble to pay for the roof out of pocket,” said Tammy Talley, a homeowner who is currently suing her insurance agency after they denied her roof claim.

Talley says she comes home to shingles on her lawn, and her damage is getting worse the longer it goes without repair.

“I don’t sleep at night because I worry about my roof,” she said. “I’m extremely angry about it. Because I feel that the insurance companies, especially here with the hurricanes coming through, they can take the premiums but they don’t want to pay out.”

Proponents of this new insurance bill say litigation against insurance companies has gotten out of hand.

According to the Florida Senate, in 2021, 76 percent of homeowner’s lawsuits nationwide were filed in the state of Florida. Lawyers argue their clients aren’t champing at the bit to go after insurance companies.

“I’ve been doing this for 19 years and I’ve never had a single client come to me and say, ‘I can’t wait to file a lawsuit,’” said Krak. “There are legal mechanisms in the state of Florida that judges can use on their own to dismiss cases that are frivolous.”

Meanwhile, law makers are tasked to try to create a balance: entice insurers without leaving homeowners out to dry.