As the Legislature debates restricting attorney fees in insurance litigation involving assignment-of-benefits agreements, a tort-reform group has identified a way to circumvent that fix.
Attorneys could convince policyholders to file suit in their own name.
A report, “Restoring Balance in Insurance Litigation,” released Monday by the Florida Justice Reform Institute, discusses that possibility in the context of what it called abuse of “AOB” agreements, and of Florida’s one-way attorney fee statute.
That law allows policyholders to sue insurers without the risk, should they lose, of being on the hook for the companies’ defense bills.