INSURANCE: HOMEOWNERS’ INSURANCE: SINKHOLE: APPRAISAL: FIGA: SINKHOLE CLAIMS AGAINST FIGA ARE NOT SUBJECT TO APPRAISAL UNDER THE 2011 AMENDEMENT TO SECTION 631.54(3), FLORIDA STATUTES: INSUREDS WAIVED APPRAISAL BY ACTIVELY LITIGATING FOR TWO YEARS BEFORE SEEKING APPRAISAL; APPEALS: CERTIFIED QUESTIONS

Florida Insurance Guaranty Association, Inc. v. Kirschner, ___ So. 3d ___, 40 Fla. L. Weekly D764 (Fla. 2d DCA March 27, 2015)

Based upon its decision in Florida Insurance Guaranty Association v. de la Fuente, ___ So. 3d ___, 40 Fla. L. Weekly D123 (Fla. 2d DCA January 7, 2015), the court held that sinkhole claims against FIGA are not … Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: SINKHOLE: FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA): APPEALS: CERTIFIED QUESTION: DOES THE AMENDMENT TO THE DEFINITION OF COVERED CLAIM APPLY TO A CLAIM MADE BEFORE THE DATE OF THE AMENDMENT BUT AFTER THE DATE OF INSOLVENCY

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 … Click To Read Full Case Law Review...

TORTS: MOTOR VEHICLE NEGLIGENCE: INSOLVENT INSURERS: FIGA BOUND BY SETTLMENT MADE BY INSOLVENT INSURER

Alessio v. Florida Insurance Guaranty Association, ___ So. 3d ___, 37 Fla. L. Weekly D1614 (Fla. 2d DCA July 6, 2012)

A six year old boy was struck and killed by a taxi cab while he was with his parents.  The taxi cab company had coverage of $125,000 per person, and $250,000 per occurrence.  The parents demanded $125,000 for the … Click To Read Full Case Law Review...

INSURANCE: FLORIDA INSURANCE GUARANTY ASSOCIATION (FIGA): ATTORNEY’S FEES: SECTION 627.428, FLORIDA STATUTES

Petty v. Florida Insurance Guaranty Association, ___So. 3d ___, 37 Fla. L. Weekly S34 (Fla. January 19, 2012)

The Florida Insurance Guaranty Association (FIGA) is not required to pay an award of attorney’s fees under Section 627.428, Florida Statutes, unless the policy expressly provides coverage for an award of fees under the statute.  FIGA is obligated to pay covered claims.  … Click To Read Full Case Law Review...