Florida Insurance Guaranty Association v. Danielle Simmons
After the insured's homeowner's carrier (UPC) settled a Hurricane Irma claim for a lump sum $75,000 and then became insolvent, FIGA was substituted and refused to pay the portions of the settlement directed to current and former counsel, arguing statutory attorney's fees are not 'covered claims' under section 631.54(4). The Third District reversed the trial court's order enforcing the full settlement, holding that a lump-sum settlement that lacks an express fee allocation does not obligate FIGA to pay fee components, and that the insured who pled section 627.428 fees bears the burden of proving the settlement did not include attorney's fees. The court remanded for an evidentiary hearing to determine which portions of the payments to counsel were fees and whether any non-fee portions arose from policy coverage.
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