Dr. Gary Boraks, LLC a/a/o Runnell D. Curry v. Florida Insurance Guaranty Association

Summary

The Sixth District Court of Appeal of Florida affirmed a county court judgment involving attorney’s fees sought from the Florida Insurance Guaranty Association. The court relied on section 631.70, Florida Statutes, and related precedent holding that attorney’s fees under section 627.428 generally do not apply to claims against FIGA, except when FIGA denies a covered claim by affirmative action other than delay.

Holdings

1. Attorney's fees under section 627.428 are not available for a claim presented to FIGA unless FIGA denies a covered claim or portion of a covered claim by affirmative action other than delay.
2. FIGA's liability does not extend to attorney's fees to the same extent as an ordinary insurer; any fee award must fall within the limited statutory exception.

Questions Presented

1. Whether attorney's fees are recoverable on a claim presented to the Florida Insurance Guaranty Association under sections 627.428 and 631.70, Florida Statutes.
2. Whether the damages recoverable from FIGA are subject to the limitations described in Jones v. Florida Insurance Guaranty Association, Inc.

Disposition

affirmed