Dr. Gary Boraks, LLC a/a/o Runnell D. Curry v. Florida Insurance Guaranty Association
The court affirmed, holding that section 631.70 makes the section 627.428 attorney's-fee entitlement inapplicable to claims presented to FIGA except when FIGA denies a covered claim by affirmative action other than delay. Because no such affirmative denial was shown, attorney's fees were not recoverable against FIGA.
Key facts
- Dr. Gary Boraks, LLC, as assignee (a/a/o) of insured Runnell D. Curry, pursued a claim against the Florida Insurance Guaranty Association (FIGA) after the original insurer became insolvent.
- FIGA is the statutory mechanism under Chapter 631 for paying covered claims of insolvent insurers.
- +2 more key facts with a free trial
Holdings
- Under section 631.70, the attorney's-fee provisions of section 627.428 do not apply to claims presented to FIGA unless FIGA denies a covered claim by affirmative action, other than delay.
Why it matters
Reaffirms that FIGA is statutorily insulated from the attorney's-fee exposure that ordinary insurers face, subject only to the narrow 'affirmative denial other than delay' exception. Significant for first-party property… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.