FLORIDA INSURANCE GUARANTY ASSOCIATION v. ALBERT BROOME and DEBORAH BROOME
The Sixth DCA reversed a trial court order enforcing a pre-insolvency settlement agreement against FIGA, holding that pre-insolvency attorney's fees—whether analyzed under the § 627.428/631.70 framework or the § 631.54(4) "covered claim" definition—cannot be imposed on FIGA, and that FIGA is categorically exempt from pre-judgment interest under § 631.57(1)(b). The decision consolidates and applies a consistent multi-DCA rule clarifying that FIGA's liability is limited to amounts traceable to policy coverage, not to post-loss settlement allocations. Civil practitioners pursuing fee awards or interest against FIGA after an insurer insolvency must confine their recovery to within-policy covered claims actually denied by FIGA post-substitution.
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