Florida/Georgia Personal Injury & Workers Compensation

...[2] *84 Thus, under sections 627.727(3) and (6), in order to be considered underinsured, the tortfeasor must have a liability insurer. The term "liability insurer" is undefined in the part of the Insurance Code related to uninsured motorists coverage. See generally § 627.727. However, an "insurer" is broadly defined in section 624.03, Florida Statutes (1995), as "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." In Diversified Services, Inc....

...posed by subsection (1)(b)(1) flows only to an "insured." Initially, as we begin the analysis we note that Florida's Insurance Code is abundantly clear that a surety is included within the definition of an "insurer" and is regulated as an "insurer." Section 624.03 of the Florida Statutes defines an insurer as "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." § 624.03, Fla....

...surer to liability. For purposes of the Florida Insurance Code, the Legislature has defined the term "insurer" to mean "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." § 624.03, Fla. Stat. (2004) (emphasis supplied). [3] This language expressly includes sureties within the definition of an "insurer" as that term is used throughout the provisions of the Florida Insurance Code. Reading the definition of "insurer" in section 624.03 together with section *1238 624.155, which subjects an insurer to liability for certain enumerated acts, demonstrates that the Legislature intended for sureties to fall within the ambit of section 624.155....

...ing or roadway project is not an insurer for purposes of subsection (1)," there was no indication, either express or by implication, that the term "insurer" when used in section 624.155 would have a different meaning from that expressly set forth in section 624.03. Thus, it is reasonable to assume that prior to the enactment of section 624.155(9), the Legislature intended for the definition provided in section 624.03 to control. Concluding that an obligee is not an insured under section 624.155(1)(b)(1) would mean that this provision could never have been applied to a surety despite the fact that a surety is an "insurer" under section 624.03....

...on 631.54(4), F.S., so that the policy of insurance with Home Owners was simply a form of reinsurance rather than merely one of excess liability. Chapters 624 through 632, inclusive, of the Florida Statutes constitute the Florida Insurance Code, and Section 624.03 defines insurer as follows: "`Insurer' includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." When the legislature provided in Section 631.54(4), F.S. that "`covered claim' shall not include any amount due any ... insurer ...", it must have intended the word "insurer" to have the same meaning as that expressed in Section 624.03, F.S....

...Guaranty Ass'n, Inc., 304 So.2d 507, 509 (Fla. 4th DCA 1974), cert. denied, 315 So.2d 469 (Fla. 1975) (state approved program of self-insurance under workmen's compensation act does not convert self-insurer into an insurer as that term is defined in Section 624.03, Florida Statutes); Friedfield v....

...The Florida Supreme Court answered that question in the affirmative. In its response, the court considered a number of factors, including its prior case law; the fact that a surety is defined elsewhere in the Florida insurance code as an “insurer,” see Fla. Stat. § 624.03; the plain language of § 624.155(1)(b)(1); other jurisdictions’ treatment of the question; and the legislative history of § 624.155(1)(b)(1)....

...rts below. In Nichols, this Court found that section 627.428(1) applies to sureties because a surety is considered an "insurer" as used in that statutory subsection. See Nichols, 704 So.2d at 1373 (relying on the definition of "insurer" set forth in section 624.03, Florida Statutes (1995))....

...delivered inside or outside this state, the trial court or, in the event of an appeal in which the insured prevails, the appellate court shall award the insured a reasonable attorney's fee... . *1181 FADIBT claims that the definition of "insurer" in Section 624.03, Florida Statutes (1989), [2] does not include the MEWA in the case at bar....

...is a self-insured employer under the Workers' Compensation Law an "insurer" under the insurance code); Government Employees Ins. Co. v. Wilder, 546 So.2d 12, 13 (Fla. 3d DCA) (an individual self-insurer is not, for most purposes, an "insurer" under section 624.03), review denied, 554 So.2d 1168 (Fla. 1989); Zinke-Smith, Inc. v. Florida Ins. Guar. Ass'n, 304 So.2d 507 (Fla. 4th DCA 1974) (an employer that establishes a self-insurance plan is not necessarily converted thereby into an "insurer," as defined under section 624.03), cert....

...established or maintained for the purpose of offering or providing health insurance benefits or any other benefits described in s. 624.33, other than life insurance benefits, to the employees of two or more employers, or to their beneficiaries. [2] Section 624.03 provides: "`Insurer' includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." [3] Although, as earlier stated, a MEWA is defined in section 624.437, whic...

...The issue presented in this case is whether Florida Power became Lipof's "insurer" through the employee vehicle agreement, thereby, creating a duty to offer uninsured motorist coverage as required by section 627.727. Lipof argues that Florida Power acted as an "insurer" under section 624.03, Florida Statutes (1983), which broadly defines "insurer" as including "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." Lipof contends that Florida Power...

...Section 324.031(1) refers to sections 324.021(8) and 324.151, Florida Statutes (1983), which define the requirements for a "motor vehicle liability policy." Section 324.021(8) defines "motor vehicle liability policy" as "issued by any insurance company authorized to do business in this state." Although section 624.03 defines "insurer" broadly, the language of section 324.021(8) limits motor vehicle liability policies to those policies issued by insurance companies....

...Farley should not in effect be penalized just because his stepfather bought an automobile; and the obvious practicalities in these cases preclude a response that he, Farley, can always go against his stepfather if the latter fails to procure insurance therefor. Finally, it is significant that § 624.03, F.S. 1971, which is applicable to the entire Florida Insurance Code, defines the word "insurer" as follows: "624.03 Insurer defined `Insurer' includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." Thus, an insurer is one in the business of selling insurance....

...ces, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for his or her interests. Certainly it must be conceded that Citizens fits within the definition of "insurer" for purposes of chapter 624. Section 624.03 defines an insurer to include "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." But the inquiry does not end there....

...(Emphasis added.) That section is part of the "Florida Insurance Code." § 624.01, Fla. Stat. (1995). Terms used in that code are set forth in chapter 624, which defines "insurer" to include "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or annuity." Id. § 624.03 (emphasis added)....

...s and costs are to be awarded against an insurer upon rendition of a judgment against the insurer in favor of the insured or beneficiary. Additionally, the term "insurer" is clearly defined under the Florida Insurance Code to include a "surety." See § 624.03....

...Therefore, it is appropriate to first determine whether Unum, as an insurance holding company, is also an insurer. "Insurer" is defined to include "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." § 624.03, Fla....

...issued insurance policies. Id. at 1304-05. Similarly, Hogan's allegation that he received correspondence on Unum's letterhead, without more, does not tend to prove that Unum is "in the business of entering into contracts of insurance or of annuity." § 624.03, Fla....

...1532 (N.D.Ill.1988) ("Under Illinois law, contracts of compensated suretyship are deemed to be contracts of insurance."). [4] Indeed, Florida defines "insurer" as "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." § 624.03, Fla.Stat....

...Although the court need not, and does not, decide the issue, one can make a strong argument that Florida treats sureties so much like ordinary insurers that sureties, in certain circumstances, may be liable for bad faith. As mentioned earlier, the Florida insurance code includes "surety" in its definition of "insurer." § 624.03, Fla.Stat....

...See State Farm Mut. Auto. Ins. Co. v. Universal Atlas Cement Co., 406 So.2d 1184 (Fla. 1st DCA 1981), review denied, 413 So.2d 877 (Fla. 1982); Southeast Title & Ins. Co. v. Collins, 226 So.2d 247 (Fla. 4th DCA), cert. denied, 232 So.2d 180 (Fla. 1969); § 624.03, Fla. Stat. (1987). As an individual self-insurer is not, for most purposes, an "insurer" under the Florida Insurance Code, see § 624.03, Fla....

...ow a specified amount or a determinable benefit upon determinable contingencies." § 624.02, Fla. Stat. (1987). An "insurer" is one "engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." § 624.03, Fla....

...construction contract surety. ANSTEAD, C.J., and PARIENTE, CANTERO, and BELL, JJ., concur. NOTES [1] In Nichols, we recognized that the term "insurer" is clearly defined under the Florida Insurance Code to include a "surety." See 704 So.2d at 1373; § 624.03, Fla....

...llate court, shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured's or beneficiary's attorney prosecuting the suit in which the recovery is had. Additionally, Section 624.03, Florida Statutes (1979), defines an "insurer" to include "every person engaged as [an] indemnitor, [or] surety...." Section 624.606(2), Florida Statutes (1979), defines "surety insurance" as, inter alia, "[i]nsurance guaranteeing the performance of contracts, ......

...Whether or not a holding company qualifies as an “insurer” is a factually dependent inquiry. Hogan, 665 F.Supp.2d at 1286 . “Insurer” is defined to include “every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity.” *1342 Fla. Stat. § 624.03 ....

...Heritage has since withdrawn its argument that AIG is vicariously liable for National Union's alleged wrongdoing, but does maintain that AIG was its "insurer." See D.E. # 108 at 3. Thus, Heritage's only basis for seeking to recover against AIG is that it was an "insurer" within the meaning of section 624.155. According to section 624.03, "insurer" is defined as "includ[ing] every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." AIG contends that there is no genuine issue as to whether AIG is an "insurer" within the meaning of that statute....

...And it is the universally accepted rule that reserved power to alter, amend or repeal by-laws cannot confer authority to make an amendment which will amount to the destruction or impairment of the vested or contract rights of the member * * *" The lower court held that the appellant was an insurer under Section 624.03, Florida Statutes, F.S.A., which defines an insurer as being every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or annuity, and appellees' membership certificate was a cont...

...erests.” Dadeland argues that the plain language of this statute indicates that a surety is subject to a bad-faith suit because it applies to acts of an insurer and the Florida legislature has defined insurer to include sureties. See Fla. Stat. § 624.03. However, the Florida Supreme Court has also stated that § 624.155(1)(b)(1) permits actions only by insureds—the person or entity to whom the insurer owes a duty....

...Bailey, 944 So.2d 1028 (Fla. 2d DCA 2006). The parties invoke the following four definitions from the Insurance Code. • "Insurer" is "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity." § 624.03, Fla....

...The Florida Supreme Court answered that question in the affirmative. In its response, the court considered a number of factors, including its prior case law; the fact that a surety is defined elsewhere in the Florida insurance code as an “insurer,” see Fla. Stat. § 624.03 ; the plain language of § 624.155(l)(b)(l); other jurisdictions’ treatment of the question; and the legislative history of § 624.155(l)(b)(l)....

...considered by the courts to fit within the definition of insurer and to be subject to the same regulations as insurers in the Florida Insurance Code, Dadeland Depot, Inc. v. St. Paul Fire & Marine Ins., 945 So.2d 1216, 1224 (Fla. 2006) (quoting section 624.03, Florida Statutes, which defines an insurer as “every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity”) (emphasis omitted); Nichols v....

...interests.” Dadeland argues that the plain language of this statute indicates that a surety is subject to a bad-faith suit because it applies to acts of an insurer and the Florida legislature has defined insurer to include sureties. See Fla. Stat. § 624.03 , However, the Florida Supreme Court has also stated that § 624.155(1)(b)(1) permits actions only by insureds — the person or entity to whom the insurer owes a duty....

in which the recovery is had. We note that section 624.03 defines “insurer” to include “every person

...We agree with Beacon that the foregoing portion of the recommended order makes clear that revocation was based on the mandatory provisions of section 624.418(l)(b). However, that statute is patently inapplicable to Beacon and applies only to an insurer as defined in chapter 624 under section 624.03, Florida Statutes....

...A surety is considered by the courts to fit within the definition of insurer and to be subject to the same regulations as insurers in the Florida Insurance Code. Dadeland Depot, Inc. v. St. Paul Fire & Marine Ins., 945 So.2d 1216, 1224 (Fla. 2006) (quoting section 624.03, Florida Statutes, which defines an insurer as "every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity") (emphasis omitted); Nichols v....

...rts below. In Nichols, this Court found that section 627.428(1) applies to sureties because a surety is considered an "insurer" as used in that statutory subsection. See Nichols, 704 So.2d at 1373 (relying on the definition of "insurer" set forth in section 624.03, Florida Statutes (1995))....

...n to accrue until the executed release is tendered to the insurer. We accord the statute its plain and obvious meaning. If the appellee is not an “insurer” within the statute’s meaning, the appellant cannot claim entitlement to its provisions. Section 624.03, Florida Statutes, defines the word “insurer” to include “every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity.” *494 The appellee does not fit the stat...

...office within this state. Your letter indicates that you are concerned because the members of the joint underwriting association (JUA) include foreign insurance corporations and foreign insurance corporations having regional home offices in Florida. Section 624.03 , F....

...inst an insurer upon rendition of a judgment against the insurer in favor of the insured or beneficiary. Additionally, the term ‘insurer’ is clearly defined under the Florida Insurance Code to include a ‘surety.’ ”) (citing Fla. Stat. Ann. § 624.03 ); see also Snow v....

...yment and for which the employee had a valid workers’ compensation claim. The trial court granted summary judgment that the fund had a duty to defend the appellees and awarded appellees attorney’s fees. We reverse the award of attorney’s fees. Section 624.03, Florida Statutes, defines an insurer as “every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or annuity.” Appellant in the instant case is a member of a pooled self-insurer agreement....