Florida Insurance Guaranty Association v. Ramos
Homeowners settled a Hurricane Irma claim with their insurer, with separate checks allocated to policy benefits, a contractor, and $27,000 to their attorneys for fees; the insurer was then liquidated and FIGA substituted in. FIGA paid the indemnity portion but refused the fee portion, and the trial court ordered it to pay the entire settlement. The Third DCA reversed, holding that attorneys' fees recoverable only under section 627.428 are not part of a 'covered claim' FIGA must pay, even when embodied in a pre-insolvency settlement agreement.
Key facts
- Homeowners settled a Hurricane Irma insurance claim with their insurer, receiving separate checks allocated to policy indemnity benefits, contractor payments, and $27,000 in attorneys' fees and costs.
- The insurer was liquidated and FIGA substituted as the claims administrator; FIGA paid the indemnity portion but refused to pay the attorneys' fees allocation from the settlement.
- +2 more key facts with a free trial
Why it matters
This gives FIGA and insureds clear Third DCA authority that settling with an insurer before liquidation does not make statutory attorney's fee allocations collectible from FIGA, aligning the Third with the Fourth DCA's… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.