27 Fla. L. Weekly Supp. 1026a
Online Reference: FLWSUPP 2712LINIAttorney’s fees — Insurance — Homeowners — Motion to strike request for attorney’s fees pursuant to section 627.428 in action brought by assignee of homeowners property insurance is stricken — Attorney’s fees in such actions have been controlled by section 627.7152(10) since May 24, 2019
ISLAND ROOFING AND RESTORATION, LLC (a/a/o Michael Linihan and Susan Linihan), Plaintiff, v. ASI PREFERRED INSURANCE CORPORATION, Defendant. Circuit Court, 20th Judicial Circuit in and for Collier County. Case No. 11-2019-CA-000932-0001-XX, Civil Division. February 10, 2020. Hugh D. Hayes, Judge. Counsel: Matthew Grable, Arnesen Webb, P.A., Boca Raton, for Plaintiff. Joseph G. Murasko, Law Offices of Deidrie A. Buchanan, Fort Lauderdale, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO STRIKEATTORNEY FEE CLAIM IN AMENDED COMPLAINT
THIS CAUSE having come on to be heard on Defendant’s Motion to Strike Attorney’s Fees, and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby GRANTED. Plaintiff filed an amended complaint on July 19, 2019 premised upon a document of assignment of Home-owners property insurance benefits which materially differs from the document of assignment attached to the original complaint. The amended complaint contains a request for attorney’s fees pursuant to Fla. Stat. Sec. 627.428. However, attorney’s fees in an action by an assignee of Home-owners property insurance policy benefits are subsumed by Fla. Stat. Sec. 627.7152(10). The aforementioned sub-section became effective upon becoming a law when signed by the Governor on May 24, 2019. This order is without prejudice.
