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Fourth DCA Holds §627.7152(10) Does Not Apply to Assignee's Fee Claim Where Policy and Assignment of Benefits Predate Statute

In Water Damage Express, LLC v. First Protective Insurance Company, 4D21-618 (March 16, 2022), the Fourth District Court of Appeal reversed an order striking the provider’s claim for attorney’s fees under §627.7152(10), Fla. Stat. The issue in the case was whether the statute, which became effective on May 24, 2019, applied to the provider’s claim for fees under a policy and assignment of benefits where both predated the statute. The appellate court held that the date the complaint was filed is not the key date, and that the statute does not apply retroactively.  Read more here.

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