Attorney Fees

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The Florida Insurance Guaranty Association (“FIGA”), generally assumes the liabilities of insolvent insurance companies. Pursuant to Florida Statute Chapter 631 FIGA assumes the rights, duties, defenses and obligations of an insolvent insurer. Florida Statute §631.70 excludes FIGA from the provisions of Florida’s attorney’s fee statute, §627.428, unless FIGA denies by affirmative action, other than delay, a covered claim or a portion thereof. Many Florida condominium associations were insured with insurance companies that have become insolvent, and so FIGA has stepped in to resolve pending claims by such associations. Often in these situations, associations and their representatives have important questions regarding whether FIGA is obligated to pay a reasonable amount of attorney’s fees if litigation against FIGA is necessary. A recent opinion from the Florida Fourth District Court of Appeal has some impact on these questions.Continue Reading Recent Ruling Concerning Attorney’s Fees And The Florida Insurance Guaranty Association

Last week I received a comment on my last blog post “Attorney’s Fees Awarded in Lawsuit Filed Prematurely Against Condominium Association.” The comment was from Erwin Rosenberg, who was counsel for the appellee in the case of Point East Four Condo. Corp., Inc. v. Zevuloni & Assoc., Inc., No. 4D09-3221, 2010 WL 4962853 (Fla. 4th DCA Dec. 8, 2010). Mr. Rosenberg offered a firsthand account of his side of the case, which isn’t readily available from reading the opinion published by the Fourth District. In its opinion, the Fourth District awarded attorneys fees to a condominium association after it found that a public adjuster had sued for its fee prematurely.Continue Reading “The Rest of the Story” on a Premature Lawsuit Against a Condominium Association

Recently, the Florida Fourth District Court of Appeal reversed a trial court decision that denied attorney’s fees for a condominium association after it was successful in getting a suit against it dismissed. In Point East Four Condo. Corp., Inc. v. Zevuloni & Assoc., Inc., No. 4D09-3221, 2010 WL 4962853 (Fla. 4th DCA Dec. 8, 2010), a condominium association signed a contract with a public adjuster to handle its claim under an insurance policy. The contract provided that 10% of the amount recovered would be payable to the public adjuster. The contract also provided that the prevailing party in “any action” would be entitled to attorney’s fees, payable by the losing party.Continue Reading Attorney’s Fees Awarded in Lawsuit Filed Prematurely Against Condominium Association