Florida Insurance Guaranty Association, Inc. v. Waterfire Restoration, LLC a/a/o Jova Sosa
The Fourth DCA reversed a trial court order requiring FIGA to pay the attorney's fees component of a pre-insolvency settlement agreement, holding that contractual attorney's fees are not 'covered claims' under the FIGA Act because they do not fall within the coverage of the underlying insurance policy. Applying the Florida Supreme Court's Petty decision, the court held that FIGA's substitution as defendant does not obligate it to honor fee obligations arising from statute or settlement rather than from express policy coverage.
Key facts
- Waterfire Restoration provided water restoration services to a homeowner insured by Southern Fidelity Insurance Company and received an assignment of the homeowner's rights under the policy.
- The parties settled the breach-of-contract suit in June 2022 for $7,000 total: $4,000 payable to Waterfire for indemnity benefits and $3,000 payable to Waterfire's counsel for attorney's fees and costs.
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Holdings
- Under section 631.70, Fla. Stat., section 627.428 attorney's fees are not applicable to FIGA claims except when FIGA affirmatively denies a covered claim by action other than delay; FIGA…
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