Let’s face it, most lawsuits will require both significant time and money. To that end, at the outset of litigation lawyers often look to the availability of recovering attorney fees from the adverse party. In the United States under the American rule, litigants must pay their own attorney fees. However, a party can recover attorney fees from the other side if authorized by contract or statute.
Florida’s Insurance Code is one example of a statutory right to attorney fees. Specifically, the code provides a right to attorney fees for certain classes of individuals, including named insureds and named beneficiaries. Additionally, a provision in the code allows a third party that qualifies as an omnibus insured to recover attorney fees as the prevailing party in a dispute against an insurer. Through this provision, a beneficiary that is not explicitly named in an insurance policy but is nonetheless expressly covered by a provision in that policy may be able to recover attorney fees from the insurer.
