Can Insureds Recover Atty Fees From Public-Private Insurers?

Law360 (October 7, 2019, 2:19 PM EDT) -- In 2009, the U.S. Court of Appeals for the Fifth Circuit definitively foreclosed awards of attorney fees in coverage litigation against insurance companies arising out of flood claims under policies written under the National Flood Insurance Program with its decision in Dwyer v. Fidelity National Property & Casualty Insurance Co.[1]

This appeared to be the final word on the subject until 2019, when, in a series of three opinions, the United States District Court for the Middle District of Florida held otherwise. These recent decisions have revived a decade-old argument about whether public-private partnerships — in this case, the NFIP —...

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