Florida's 2022 reform changed how attorneys get paid — but did it change whether policyholders get paid? We compared three years of outcomes on each side of the reform. The answer is clear.
On December 16, 2022, SB 2-A eliminated one-way statutory attorney's fees under §627.428. Previously, if a policyholder prevailed, the carrier paid their attorney's fees on top of the recovery. Now, attorney compensation comes from a percentage of the damages recovered. This report compares the 3 years before the reform (DOL 12/16/2019–12/15/2022) against the post-reform period (DOL 12/16/2022–present).
Comparing all historical cases against a shorter post-reform period would skew the data — older pre-reform cases had more time to close, and including distant hurricane years inflates pre-reform averages. By using matching 3-year windows centered on the reform date, both periods include comparable mixes of hurricane and routine claims, and similar maturation time for resolution.
Pre-reform: DOL 12/16/2019–12/15/2022. Post-reform: DOL 12/16/2022–present. Payment rate = percentage of cases where the carrier paid any amount (indemnity, fees, or both).
Payment rates are virtually identical — 75.7% pre-reform vs. 75.4% post-reform. Three out of four cases result in the carrier paying, regardless of fee structure. Average gross per recovered case is lower ($17,467 vs $24,163) — reflecting the shift from carrier-paid statutory fees to percentage-based fees. But the tradeoff is speed: median resolution dropped from 12.7 months to 6.4 months — policyholders get paid in roughly half the time.
Hurricane and routine claims must be compared separately. Each 3-year window contains one major hurricane: Ian (pre-reform) and Helene (post-reform), enabling a direct comparison.
Post-reform hurricane claims (Helene) show an 83.3% payment rate — higher than pre-reform Ian at 69.3%. Average gross is lower ($20,256 vs $34,179), consistent with the fee structure change, but the core result is definitive: hurricane claims are still being paid at strong rates. For daily claims, the comparison is similarly stable: 72.8% post vs 76.6% pre, with median resolution dropping from 12.9 months to 6.9 months — nearly half the time.
Post-reform payment rates by carrier, sorted highest to lowest. Payment rate = percentage of cases where the carrier paid any gross recovery.
| Carrier | Payment Rate | Avg Gross |
|---|
TypTap, Vyrd, Castle Key, and Homeowners Choice show 100% payment rates post-reform. Heritage and Florida Peninsula pay on 92–93%. Among higher-volume carriers, American Integrity reaches 81–89%, Slide and Tower Hill at 79%. The highest average gross post-reform: Olympus at $35,536 and Castle Key at $24,555. Even carriers with lower rates like Citizens (60%) and State Farm (54%) still produce recoveries — and those rates will improve as recent cases mature.
Without statutory fee disputes adding complexity, cases move through the system significantly faster post-reform.
| DOL Year | Payment Rate | Avg Gross | Avg Duration | Regime |
|---|
Post-reform median resolution is 6.4 months vs. 12.7 months pre-reform — half the time. For daily claims specifically, 6.9 months vs 12.9. Faster resolution means repairs happen sooner, policyholders return to normal faster, and the claim doesn't hang over their lives for over a year.
Average gross recovery varies by market — reflecting different housing stock, carrier mixes, and loss severity.
Actionable intelligence drawn from this analysis — organized by audience.
This analysis is for informational purposes only and does not constitute legal advice. Based on Louis Law Group case outcomes comparing 3-year windows before and after Florida's December 2022 insurance reform (SB 2-A). Past results do not guarantee future outcomes. Contact our office for a case evaluation.
