Florida § 86.121 - Attorney fees; actions for declaratory relief to determine insurance coverage after total coverage denial of claim.

§ 86.121. Attorney fees; actions for declaratory relief to determine insurance coverage after total coverage denial of claim.

(1) In an action brought for declaratory relief in state or federal court to determine insurance coverage after the insurer has made a total coverage denial of a claim: (a) Either party is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar. (b) The court shall award reasonable attorney fees to the named insured, omnibus insured, or named beneficiary under a policy issued by the insurer upon rendition of a declaratory judgment in favor of the named insured, omnibus insured, or named beneficiary. This right may not be transferred to, assigned to, or acquired in any other manner by anyone other than a named or omnibus insured or a named beneficiary. A defense offered by an insurer pursuant to a reservation of rights does not constitute a coverage denial of a claim. Such fees are limited to those incurred in the action brought under this chapter for declaratory relief to determine coverage of insurance issued under the Florida Insurance Code. (2) This section does not apply to any action arising under a residential or commercial property insurance policy.