But some clever planning would be needed in the Senate to get a companion bill ready before committees meet for the last time on April 25, Carlson said. The House bill is intended to encourage settlements and dissuade attorneys from filing lawsuits when representing repair contractors working under post-claim assignments. If enacted, contractors and their attorneys would be entitled to attorneys fees only if they win a judgment that exceeds an insurers initial offer by a wide margin. A judgment that exceeds an insurers initial claim settlement offer by a narrower margin would result in neither side receiving attorneys fees or, if the margin is narrow enough, the insurer being entitled to attorneys fees. Insurers and their supporters mostly spoke in support of the bill, while contractors and trial attorneys mostly opposed it. The bill goes a long way toward mitigating a cost driver for Florida insurers, said David Altmaier, the state insurance commissioner. But Rep. Joesph Geller, D-Dania Beach, unsuccessfully tried to strip the proposed fee formula from the bill, warning it was untested and unvetted and likely to be challenged in court. Insurers and their supporters say theyve been hit with escalating costs from South Florida attorneys who have figured out how to exploit a longtime consumer-protection law that shields policyholders from paying insurers legal fees if they sue over a claim and lose.
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