Florida contractors who engage in weather-related home repairs have taken steps to appeal a Leon County judge’s ruling that dismissed their challenge to a property insurance reform restricting their ability to recover attorney fees.
The Restoration Association of Florida and Air Quality Assessors LLC are moving to have the First District Court of Appeal review an Aug. 26 opinion by Circuit Judge J. Lee Marsh. Marsh did not rule on the merits of the case challenging provisions of Senate Bill 2-D, but the judge concluded that the lawsuit did not list defendants with adequate responsibilities for the enforcement of the new law.
The plaintiffs argued in their response to the defendants’ motion to dismiss the case that SB 2-D violates the rights of contractors who are parties to assignment-of-benefits contracts with homeowners. The law prevents such contractors from recovering attorney fees when they prevail in litigated claims against insurers.

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