1. Representation: Client (hereinafter “Client”) hereby retains Levy & Partners, PLLC., as Client’s attorney (“Attorney”) to represent Client’s claim(s) for the reporting and presentation of your claim and/or litigation arising out of the non-payment, under-payment, late payment or any other type of wrongful activity conducted by Client’s Carrier relating to the payment of benefits in connection with Client’s insurance claim.
2. Charges for Legal Services-Contingent Fee Basis: If no recovery is made for, or on behalf of Client, Client shall not be obligated to pay attorney’s fees. Attorney shall be entitled to receive as attorneys fees on a contingency fee basis from the gross recovery received by Client, or on behalf of Client, by way of adjustment, judgment, mediation, insurance payment, appraisal award, arbitration award, or any settlement, which shall be defined as any monetary recovery (the “Recovery”), the following percentages of the Recovery:
(a) FOR ALL CLAIMS THAT ARISE FROM INSURANCE POLICIES ISSUED PRIOR TO JANUARY 1, 2023, THE FOLLOWING APPLIES:
(1) If No Lawsuit (Complaint or Petition) is Filed: Client hereby agrees that Attorney shall be entitled to 20% of the Recovery or an hourly fee of $425 per hour or statutory fees, whichever is greater, plus expenses. Additionally, in the event of a demand for appraisal, Attorney shall be entitled 15% of the Recovery or an hourly fee of $425 per hour or statutory fees, whichever is greater, to be collected upon receipt of the appraisal proceeds. Client agrees that a Public Adjuster or insurance appraiser will handle the complete appraisal process. If Client does not have a public adjuster, or chooses for their public adjuster not to handle the appraisal process, then Attorney will handle the complete appraisal process and Client agrees to pay Attorney 20% of the Recovery for the handling of the appraisal. Client understands that he or she will also be liable for the costs of appraisal. Client understands the cost of appraisal is separate from any fees charged by their Public Adjuster, if any, or Attorney. Client acknowledges that Attorney routinely and customarily charges $425 per hour and therefore Client agrees that $425 an hour is a reasonable and customary hourly rate.
(2) If a Lawsuit (Complaint or Petition) is Filed: Attorney shall be entitled to Attorney’s Fees, plus Expenses, in the amount of twenty-five percent (25%) of the gross Recovery; plus attorney’s fees agreed to in a settlement with the Carrier or the amount of attorney’s fees awarded by a Court, including all contingency risk multipliers awarded, whichever is greater.
(b) FOR ALL CLAIMS THAT ARISE FROM INSURANCE POLICIES ISSUED WITH AN EFFECTIVE DATE OF JANUARY 1, 2023 AND BEYOND, THE FOLLOWING APPLIES:
(1) Regardless of whether a Lawsuit (Complaint or Petition) is Filed: Attorney shall be entitled to thirty-three percent (33%) of the gross Recovery. In the event of a demand for appraisal, the Public Adjuster will handle the complete appraisal process and Attorney shall instead be entitled to fifteen (15%) of the gross Recovery. If Client does not have a public adjuster, or chooses for their public adjuster not to handle the appraisal process, then Attorney will handle the complete appraisal process and Client agrees to pay Attorney 30% of the Recovery for the handling of the appraisal. Client understands that he or she will also be liable for the costs of appraisal. Client understands the cost of appraisal is separate from any fees charged by their Public Adjuster, if any, or Attorney.
(c) FOR ALL CLAIMS INVOLVING FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA): In the event that Client’s insurance Carrier becomes or is insolvent and Client’s claim and/or lawsuit is subsumed or handled by FIGA the following percentages of Recovery shall apply:
(1) If No Lawsuit (Complaint or Petition) is Filed: In the event the claim is settled, appraised, mediated, or otherwise resolved with FIGA prior to a lawsuit (i.e., complaint or petition) being filed, then Client hereby agrees to pay Attorney from the Recovery as follows: 25% of the Recovery.
a. In the event of a demand for appraisal:
i. If client has a public adjuster, 15% of the Recovery or to be collected upon receipt of the appraisal proceeds. Public Adjuster will handle the complete appraisal process.
ii. If Client does not have a public adjuster, then Attorney will handle the complete appraisal process and Client agrees to pay Attorney 25% of the Recovery for the handling of the appraisal. Client understands that he or she will also be liable for the costs of appraisal. Client understands the cost of appraisal is separate from any fees charged by their Public Adjuster, if any, or Attorney.
(2) If a Lawsuit (Complaint or Petition) is Filed: Attorney shall be entitled to Attorney’s Fees, plus Expenses, in the amount of forty percent (40%) of the gross Recovery.
3. Expenses: In addition to the legal fees, Attorney is entitled to receive all court costs and expenses incurred relating to or arising under this representation. Client hereby grants permission to the Attorney, in the Attorney’s sole discretion, to retain on behalf of the Client the professional services of appraisers, loss consultants, estimators, engineers and other experts needed to assist in this matter, and Client acknowledges that Attorney will likely engage such experts. Any and all such expenses incurred on Client’s behalf shall be deducted from Client’s Recovery proceeds, after deducting the attorney’s fees from the gross Recovery.
4. Mortgage Company as Additional Payee: Client understands that if there is a mortgage on the property, the Mortgagee has a right to be a co-payee on all insurance checks for real property damages. Client will be solely responsible to obtain the Mortgagee’s endorsement of such checks.
5. For Clients Who Have Retained a Public Adjuster: In the event the Client has been referred to Attorney by a public adjuster or any other third party, Client hereby represents to Attorney that Client has had the right and opportunity to choose and select an attorney of Client’s own choice, and that Client’s selection of Attorney to represent Client is made solely and voluntarily by Client and not due to a solicitation on the part of Attorney or any third party.
6. Cancellation of Contract: Client can cancel this contract without penalty or obligation within 3 business days after execution of the contract. If Attorney, for any reason, determines it is unfeasible for Attorney to continue Client’s representation, Attorney may cancel the contract and Client will not be obligated to Attorney for legal fees or expenses that Attorney may have incurred on behalf of Client, unless the cancellation is for Client’s failure to cooperate with Attorneys reasonable requests. Notice of cancellation of this agreement must be submitted in writing to the other party and send by certified mail, return receipt requested, fax transmission or other form of mailing or delivery which provides proof thereof.
7. Client’s Compliance with Policy Obligations: Client understands that under the terms of the insurance policy, Client has an obligation to comply with the terms and conditions in the policy by providing documentation and information requested by the Carrier, and, if requested, permit inspections of the property and submit to examinations under oath to be taken by the Carrier's attorneys. Client understands that if Client fails to comply with these obligations, the Carrier has the right to deny Client’s claim. Therefore, Client agrees to strictly comply with the insurance policy’s requirements.
8. Miscellaneous: This retainer agreement contains the entire understanding of Client and Attorney. Client acknowledges having received a copy of this Contingency Fee Retainer Agreement. In the event of any litigation instituted by Attorney for non-payment of all or any part of Attorneys fee, the prevailing party on the issue of non-payment shall be entitled to recover reasonable attorney’s fees and costs at all trial and appellate levels. The parties agree that in the event of any litigation venue will be in Broward County, Florida.
9. Claim Recovery Proceeds: Client hereby irrevocably authorizes Attorney to instruct the Carrier to include the name of the Attorney as an additional payee on all insurance Recovery proceeds and/or checks. Client hereby irrevocably agrees and authorizes Attorney to endorse on behalf of Client as Client’s attorney-in-fact, negotiate and deposit all insurance claim Recovery proceeds into Attorney’s Trust Account for disbursement pursuant to the terms of this Agreement. Client shall receive an itemized contingency fee settlement statement disclosing all fees and costs incurred in this representation and such settlement statement shall be signed by Attorney and Client prior to any disbursement of Recovery proceeds.
ACCEPTED AND AGREED TO:
LEVY & PARTNERS, PLLC.
