Sunshine Sentinel

Brandon Blake, a partner at Bolin Law Group, expressed opposition to House Bill 1551 during testimony on April 4. He said that the bill does not create prevailing party fees or a loser-pays situation but instead serves as a backdoor attempt to reintroduce one-way attorneys' fees.

"we ask you to reject this bill and to vote no," said Blake. "The jury looks at it and says they deserve $500. And yet under this policy... the carrier's paying even less in indemnity, but it's still paying the plaintiff's attorney's fees. This bill ultimately does not create prevailing party fees or a loser pay situation, but it's a backdoor way to bring back one-way attorney's fees."

According to The Florida Senate, in February 2025, Florida Representative Hillary Cassel introduced House Bill 1551 (HB 1551), titled "Attorney Fee Awards in Insurance Actions." The bill mandates courts to award attorney fees to prevailing parties in civil actions against surplus lines insurers and insurers by named or omnibus insureds, or named beneficiaries. It provides specific guidelines for determining prevailing parties and outlines the applicability of these provisions to certain insurers, insurance policies, coverage types, rate standards, and claims submitted to designated guaranty associations.

Butler Weihmuller Katz Craigs reported that prior to HB 1551, Florida’s legal framework allowed for attorney fee awards to insured parties who prevailed in disputes against their insurers. However, this practice was significantly altered with the passage of Senate Bill 2A in December 2022, which eliminated attorney fee awards in property insurance litigation. The reform aimed to address concerns over excessive litigation and its effect on insurance premiums.

According to FastDemocracy, HB 1551 underwent review by various House subcommittees. On March 13, the Civil Justice & Claims Subcommittee favorably reported the bill with a vote of 16 in favor, one opposed, and two not voting. On March 20, the Insurance & Banking Subcommittee also reported favorably on the bill with 15 votes in favor, one opposed, and two not voting. As of March 21, HB 1551 was under consideration by the Judiciary Committee.

Blake is a Florida-based attorney with a J.D. from Stetson University College of Law and a B.A. in Business Administration from the University of Florida. He specializes in insurance defense and represents insurers and healthcare providers in property loss and coverage dispute cases. Blake previously worked on Florida’s Engle tobacco litigation. He is admitted to the Florida Bar and the Middle District of Florida and is actively involved in professional legal organizations while coaching Stetson University’s Trial Team.