Florida Insurance Guaranty Association v. Danielle Simmons
The Third District reversed an order compelling FIGA to pay the full $75,000 of a pre-insolvency mediated settlement, holding that attorney's fees arising from a post-loss settlement agreement rather than from policy coverage are not a 'covered claim' FIGA can be forced to pay. Because the insured pled section 627.428 fees, a presumption arose that the settlement included fees, and she bore the burden of proving otherwise — a burden the mediator's confirmation email, the charging-lien references, the multiple-check structure and her counsel's hearing admission all defeated. The case was remanded for an evidentiary hearing to determine what portion of the payments to counsel was in fact attorney's fees and whether any non-fee portion arose from policy coverage.
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