Senior Associate Tabitha Jackson, Esq., and her team in Tallahassee recently won a Motion to Strike Attorney’s Fees under § 627.401, Florida Statutes in matter styled Peter Harmon & Debra Harmon v. First Protective Insurance Company d/b/a Frontline Insurance. In Florida, you may sue for indemnity and also fees. Though, in the event an insurance policy was delivered to an insured out of the State of Florida, an insured is prohibited from seeking fees. This is helpful when an insured sues for damage to a vacation home or second home, though the applicable insurance policy was delivered and issued to the insured at their homestead place of residence (outside of Florida). Here, Frontline had delivered the applicable policy to New Hampshire, for an insured property located in Florida. Though, because the policy was issued and delivered to New Hampshire, the insureds were prohibited from seeking fees under § 627.428, Florida Statutes.