attorney-fees
Legal expenses liability of insurance paid attorney fees
<p>In Florida nonbinding arbitration the unsuccessful party is liable for the other side's reasonable attorney fees.  Let us assume that a HOA association is successful in its defense against an owner's claims.  Assume the HOA does not actually pay the attorney fees (insurance pays for the legal fees), are there examples where the plaintiff is not responsible / liable as the Association has not paid the fee?</p>

<h2>The Association <em>has</em> paid the fee</h2>
<p>The fact that the Association had an insurance policy that meant their insurer indemnified them doesn’t mean that the Insured wasn’t liable for the fee. The insurer will have a right of subrogation which means that any right of recovery the insured is entitled to flows to the insurer.</p>
