Florida Insurance Guaranty Association

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