Florida Insurance Guaranty Association, Inc. v. Simmons, ___ So. 3d ___, 40 Fla. L. Weekly D432 (Fla. 5th DCA February 13, 2015)
The Florida Insurance Guaranty Association (FIGA) is responsible for paying the covered claims against insolvent insurers. Section 631.54(3), Florida Statutes, which defines a “covered claim,” was amended in 2011. In this case, the Fifth District Court of Appeal certified to the Florida Supreme Court as a question of great public importance whether the amendment to the definition of covered claim applies to a claim made before the date of the amendment but after the date of insolvency.
[Editor’s Note: Other cases have held that the definition of covered claim on the date of insolvency controls.]
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