Ryan Jones, a partner at Traub Lieberman, has expressed concerns regarding a proposed insurance bill that he believes would undermine longstanding legal standards and result in higher premiums for Florida homeowners.
“I am opposed to the bill, and I want to highlight two points that I think are going to show the practical effect of what this bill is going to do,” said Jones. “Under common law right now, the prevailing party is defined as the party that prevails on the significant issues at trial. It’s not good for the rest of Floridians because it takes us back to where we were before the insurance crisis.”
According to Butler Weihmuller Katz Craig, Florida House Bill 1551, introduced in early 2025, proposes significant changes to the state’s insurance litigation framework. The bill seeks to reintroduce a “two-way” attorney fee structure, allowing prevailing parties in insurance disputes to recover legal costs. This approach contrasts with the previous “one-way” attorney fee statute, which permitted only policyholders to recover such fees. Proponents argue that this change promotes fairness, while critics contend it may lead to increased litigation and higher insurance premiums. The bill’s provisions have sparked debate among lawmakers, insurers, and consumer advocates regarding its potential impact on Florida’s insurance market.
As reported to the Florida Senate, the bill proposes reinstating a “prevailing party” attorney fee system, which could inadvertently destabilize the state’s insurance market. Under this bill, if a policyholder secures a judgment exceeding the insurer’s highest settlement offer, they are deemed the prevailing party and may recover attorney fees. The bill may reverse recent reforms aimed at stabilizing the insurance market and could deter insurers from operating in the state, thereby reducing competition and consumer choice.
According to Sage Sure, reciprocal insurance exchanges offer a proven alternative. These exchanges operate on a model where policyholders work together to manage risks, keeping premiums within the state and maintaining local control. Florida’s reciprocal insurance exchanges have demonstrated their ability to provide stability and affordability even in the face of significant catastrophe risks. By aligning the interests of policyholders, reciprocal exchanges can help avoid frivolous litigation costs and offer more predictable coverage. This model ensures that funds are directed toward covering risks rather than being consumed by excessive legal battles often exacerbated by provisions like those in HB1551.
Jones is a seasoned defense attorney specializing in insurance litigation at Traub Lieberman’s St. Petersburg office. Known for his strategic industry-wide outlook, Jones develops legal approaches considering individual case outcomes as well as broader impacts on cost and precedent within the insurance sector. His trial experience spans first-party property claims and third-party liability issues such as construction defects and professional liability.
