Friday, January 20, 2012

Florida Supreme Court on Attorney's Fees


In Petty v. Fla. Ins. Guar. Ass'n, 80 So. 3d 313 (Fla. 2012), the court held that attorneys’ fees awarded pursuant to F.S. § 627.428(1), cannot be recovered against FIGA under F.S. § 631.54(3).  FIGA is only obligated to pay for “covered claims” that existed prior to an insurer’s adjudication of insolvency. Therefore, unless the policy provided for attorney’s fees, the insured may not recover them against FIGA. 

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