WATER DAMAGE EXPRESS, LLC a/a/o JOANNE DILLARD v. FIRST PROTECTIVE INSURANCE COMPANY D/B/A FRONTLINE INSURANCE, 21-0618

On August 12, 2018 homeowners suffered a fire loss under a homeowners policy issued before that loss.
On August 27, 2018 the homeowners executed an assignment-of-benefits (AOB) in favor of Water Damage Express (appellant) for remediation services.
Water Damage Express sued First Protective Insurance (appellee) on June 13, 2019 for breach of contract seeking $7,624.24, interest, and attorney’s fees; insurer conceded damages and interest but contested fees.
Appellant argued attorney’s fees were controlled by section 627.428(1), the statute in effect when the policy/AOB arose; insurer argued the 2019 amendment, section 627.7152(10), applied because it was in effect when suit was filed and barred recovery.
The trial court granted insurer’s motion to strike appellant’s attorney-fee claim; the Fourth District reversed, holding the 2019 statute does not apply retroactively to AOBs executed before its effective date.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Which statute governs an assignee's right to attorney’s fees: former §627.428(1) or §627.7152(10)?	§627.428(1) governs because it was in effect when the policy loss and AOB occurred.	§627.7152(10) governs because it was the statute in effect when suit was filed.	§627.428(1) governs; §627.7152(10) does not apply retroactively to AOBs executed before its effective date.
Can §627.7152(10) be applied retroactively to eliminate an assignee’s preexisting statutory right to fees?	Retroactive application is impermissible because the right to attorney’s fees is substantive.	The statute’s plain language references suits and could be applied based on filing date.	No; attorney-fee rights are substantive and statutes limiting those rights do not apply retroactively absent clear legislative intent.

Destination Boat Clubs, Inc. v. Island Breeze Boat Club & Rental Inc., 226 So. 3d 301 (Fla. 2d DCA 2017) (statutory-interpretation review is de novo)
Menendez v. Progressive Express Ins. Co., 35 So. 3d 873 (Fla. 2010) (statute in effect when contract is executed governs substantive contract-related rights, including attorney’s fees)
Hassen v. State Farm Mut. Auto. Ins. Co., 674 So. 2d 106 (Fla. 1996) (same principle that statute at contract formation governs substantive issues)
State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla. 1993) (terms of §627.428 are an implicit part of every Florida insurance policy)
Timmons v. Combs, 608 So. 2d 1 (Fla. 1992) (limitations on retroactive application of statutes affecting substantive rights)