Florida/Georgia Personal Injury & Workers Compensation

...Before SCHWARTZ, C.J., and NESBITT and COPE, JJ. SCHWARTZ, Chief Judge. The appellate division of the circuit court affirmed the county court's denial of the plaintiff-insured's application for attorney's fees under section 627.428, Florida Statutes (1993) on the ground that section 626.912, Florida Statutes (1993) "precludes the award of attorney [sic] fees against a surplus lines insurer" like the carrier involved in this case....

...Swain Groves, Inc., 218 So.2d 453 (Fla. 4th DCA 1969), which is squarely in point and with which we agree: The final question involved the propriety of the award of attorney's fees where the non-admitted carriers complied with Section 626.0509, F.S. 1965, F.S.A. [now § 626.912, Fla....

...oss or damage, and dismissed the insurer from the action. The property owner argues that the court had jurisdiction under Florida’s “unauthorized insurers process law” because the policy was sent to him at his home in Florida. See §§ 626.904-626.912, Fla....

...Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979). Although the trial judge’s order of dismissal does not state the ground on which he granted the motion to dismiss, we think the trial judge’s decision should be sustained on the following basis. Section 626.912(2) provides that the unauthorized insurers process law does not apply to suits arising out of any contract of insurance for “liability arising out of the ownership, operation or maintenance of any property having a permanent situs o...

...Like most property insurance, this policy also includes a provision for personal protection for the owner — in this instance, slander — that is incidental to the principal coverage of property insurance. We do not think that fact makes this foreign property insurance any less a property insurance policy. In our view, section 626.912(2) takes this action out of the foreign insurers process law....

...it — provide a substantive right to file suit against an unauthorized insurer like Lexington. Unauthorized insurers who issue policies under Florida's Surplus Lines Law are exempt from the three UIPL statutes Prescott cites, however. See Fla. Stat. § 626.912(4)....

...�wet marine and transportation insurance” policy as defined in section 624.607, Florida Statutes (1997). 2 They argue that because the poli *660 cy is “wet marine,” the insurer is therefore exempt from the requirement to post bond, pursuant to section 626.912, Florida Statutes....

...ertaining to, or in connection with any and all risks or perils of navigation, transit, or transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, transshipment, or reshipment incident thereto. ” . Section 626.912, Florida Statutes (1997) provides that the bond provisions of Chapter 626 “do not apply to any action, suit, or proceeding against any unauthorized foreign insurer, alien insurer, or person representing or aiding such an insurer arising out of any contract of insurance: (1) covering ......