Florida Insurance Guaranty Association v. David Hintz and Judith L. Hintz
The Fourth DCA reversed an order compelling FIGA to pay the portion of a pre-insolvency settlement that was directed solely to the insureds' law firm. Applying Petty v. FIGA, the court held that the separate check to counsel represented attorney's fees, which are not a 'covered claim' under the Florida Insurance Guaranty Association Act, and FIGA therefore has no obligation to pay it.
Key facts
- Insureds sued their insurer over a denied Hurricane Irma roof claim and sought attorney's fees under sections 627.428/626.9373.
- The parties settled for $30,000 via two checks: $19,492.10 to the insureds and lienholders, and a separate $10,507.90 check payable only to the insureds' law firm.
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Holdings
- Under the FIGA Act, a 'covered claim' must both arise from an insurance policy and fall within the coverage of the policy; statutory attorney's fees do not satisfy the second requirement…
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Why it matters
This decision reinforces and extends the Petty line of authority (alongside Waterfire and Cadet) holding that FIGA is not liable for the attorney's fee component of a settlement with an insolvent insurer, even when the… — full analysis with a trial
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