Spring Hill, FL asked in Insurance Bad Faith and Insurance Defense for Florida

Q: According to Florida Statute 768.28 in a civil case against citizens insurance ( under FL CFO) are fees capped at 25%?

The insurance is state run so the state office under Florida s Chief Financial Officer has to approve any settlement the state was the only one offering property insurance for obtaining a mortgage in march 2010 there was no other option for insurance it became a negligence claim after they offered to repair sinkhole under their approved list of contractors which failed to properly remediate damages. The states sovereign immunity cap prevents me from relief that may be awarded under private insurance companies . Federal law under 28 U.S.C. 2678 cap fees at 25% on awards and settlements

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: 768.28 imposes restrictions on tort claims (such as negligence) against State and local government entities. A claim against your own insurance company (that is, a first party claim) for breach of its insurance policy is a contract claim, rather than a tort claim. Without doing the research, my educated guess is that the fee cap under 768.28 does not apply to a first party suit against Citizens.

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