After 62 Years, Florida Appeals Court Drops the Expert Witness Rule on Attorney Fees
Just over three years ago, Florida lawmakers effectively ended one-way attorney fees, disincentivizing much of the costly property insurance claims litigation that had plagued the industry. But fees can still be awarded to either side in a lawsuit, in a process that involves hiring expert witnesses to testify on the appropriate amount.
Last week, a Florida appeals court issued what it called a “sea change” and long-overdue decision—one that could reduce insurers’ defense costs and streamline at least some lawsuits and appeals. The 6th District Court of Appeals, covering part of south-central Florida, threw out the 62-year-old court practice that had required expert witnesses and court hearings,.