Legal Opinion

Florida Insurance Guaranty Association v. de la Fuente

District Court of Appeal of Florida

Decided January 7, 2015No. 2D13-3543PublishedCited by 10 opinions

1Opinion of the Court

WALLACE, Judge.

Florida Insurance Guaranty Association (FIGA) appeals an amended final judgment requiring it to pay $130,600 — the amount of an appraisal award for a sinkhole loss — directly to Leandro de la Fuente and Ana Delia Garcia (the insureds). FIGA argues that the circuit court erred in applying the statutory definition of “covered claim” in effect when the insurance policy was issued to determine the scope of its liability instead of the more restrictive definition in effect when the insurer was adjudicated to be insolvent. We agree. Accordingly, we reverse the amended final judgment…

2Cases cited2 opinions

  1. West Florida Regional Medical Center, Inc. v. SeeSupreme Court of Florida · 2012
  2. Florida Insurance Guaranty Ass'n v. BernardDistrict Court of Appeal of Florida · 2014

3Cited by10 opinions

  1. Florida Insurance Guaranty Ass'n Ex Rel. Homewise Preferred Insurance Co. v. WatersDistrict Court of Appeal of Florida · 2015
  2. Florida Insurance Guaranty Association, Inc. v. LustreDistrict Court of Appeal of Florida · 2015
  3. Leandro de la Fuente v. Florida Insurance Guaranty AssociationSupreme Court of Florida · 2016
  4. Florida Insurance Guaranty Ass'n v. HunnewellDistrict Court of Appeal of Florida · 2015
  5. Florida Insurance Guaranty Ass'n v. KirschnerDistrict Court of Appeal of Florida · 2015

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