Legal Opinion
Rahabi v. Florida Insurance Guaranty Ass'n
District Court of Appeal of Florida
Decided October 12, 2011No. 4D10-846PublishedCited by 5 opinions
1Opinion of the CourtGerber, J.
The insureds appeal the circuit court’s order denying their motion to recover their attorney’s fees from the Florida Insurance Guaranty Association (“FIGA”). The insureds argue that they were entitled to recover their attorney’s fees because FIGA denied their covered claim “by affirmative action.” § 631.70, Fla. Stat. (2010). We agree with the insureds and reverse.
The insureds filed a two-count complaint against FIGA for breach of contract and for declaratory relief. The insureds alleged that they provided FIGA with timely notice of their claim and performed all other conditions precedent for…
2Cases cited7 opinions
- Ivey v. Allstate Ins. Co.Supreme Court of Florida · 2000
- Florida Ins. Guar. Ass'n v. GustingerDistrict Court of Appeal of Florida · 1980
- Wayne Creasy Agency, Inc. v. MaillardDistrict Court of Appeal of Florida · 1992
- Florida Insurance Guaranty Ass'n v. EhrlichDistrict Court of Appeal of Florida · 2011
- Florida Insurance Guaranty Ass'n v. SmothersDistrict Court of Appeal of Florida · 2011
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3Cited by5 opinions
- Miller v. Florida Insurance Guaranty Association, Inc.District Court of Appeal of Florida · 2016
- FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. ADAM RUBINDistrict Court of Appeal of Florida · 2020
- Gena v. FLORIDA INS. GUAR. ASS'NDistrict Court of Appeal of Florida · 2012
- PHYLIS HEID v. FLORIDA INSURANCE GUARANTY ASSOC.District Court of Appeal of Florida · 2019
- Samuel Vainberg and Lynn Vainberg v. Florida Insurance Guaranty AssociationDistrict Court of Appeal of Florida · 2026