Florida/Georgia Personal Injury & Workers Compensation

...IGA Act was intended to "[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer." § 631.51(1), Fla....

...The obligations imposed on FIGA under section 631.57(1)(b) must be construed liberally to effect the purposes of the FIGA Act, see § 631.53, one of which is to avoid financial loss to claimants or policyholders because of the insolvency of the insurer. See § 631.51(1)....

...ims made under that insurance policy. FIGA is a public, nonprofit corporation created by statute to provide a mechanism for payment of covered claims under certain classes of insurance policies issued by insurers which have become insolvent. [2] See § 631.51, Fla....

...Florida Insurance Guaranty Association, 257 So.2d 9, 10 (Fla. 1971), FIGA is a statutory creature which is designed to serve solely as "the mechanism for the payment of covered claims [4] under certain classes of insurance policies of insurers which have become insolvent." § 631.51, Fla....

...We also conclude that such a stay promotes one of the purposes of the FIGA Act which is to "[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer." § 631.51(1); see also O'Malley v....

sections concerning grounds for rehabilitation (section 631.051), grounds for liquidation (section 631.061)

...A purpose of the FIGA Act is to “[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.” § 631.51(1), Fla....

...s policy issued by Financial Fire was antedated to cover the existing loss and is void and ultra vires — it is unnecessary to set forth such facts here as our decision is based upon other grounds. FIGA is a nonprofit association created by statute [§ 631.51, et seq., Florida Statutes (1975)] composed of all insurers licensed to transact insurance in Florida who write direct insurance except life, title, surety, disability, credit, mortgage, guaranty, and wet marine insurance. § 631.55 and § 631.53. The purposes of this statute, as stated in § 631.51 are as follows: "(1) Provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insure...

...ther FIGA members, so also would Empire be barred. The trial court rejected this argument, as do we. We note initially that by express requirement of section 631.53, the FIGA statute is to be "liberally construed" to effect the purposes set forth in section 631.51....

...The enumerated purposes found in that section include the avoidance of excessive delays in payment, avoidance of financial loss to claimants or policy holders because of insolvency of an insurer, and the assessment of the cost of such protection of claimants and policy holders among insurers. Section 631.51(1), (4)....

...sult of shifting the financial loss occasioned by insurance company failure from the industry responsible, to a party for whose benefit and protection FIGA was created. The legislative intent to "[a]ssess the cost of such protection among insurers," section 631.51(4), strongly supports the trial court's ruling rejecting McKenzie's contention....

...The Florida Insurance Guaranty Association Act was enacted to “avoid financial loss to claimants or policyholders because of the insolvency of an insurer,” “[ajssist in the detection and prevention of insurer insolvencies,” and “[a]ssess the cost of such protection among insurers.” § 631.51(1)-(4), Fla....

...FIGA was created in part to "[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer." § 631.51(1), Fla....

...tate at the time of the insured event or the property from which the claim arises is permanently located in this state. § 631.54(3) (emphasis added). Section 631.53 provides that the Act is to be liberally construed to effect the purposes stated in section 631.51. Section 631.51(1) states that a purpose of the Act is to "[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to *1194 claimants or policyholders bec...

...Thus, we conclude that section 631.54(3) does not impose coverage for fees claimed under section 627.428 when such fees are not within the insurance policy's coverage provisions. Finally, we observe that the Soto court relied on the purpose of the Act stated in section 631.51(1) "`to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.'" Id. at 967. But the court neglected to include the language at the beginning of section 631.51(1) stating that the purpose is to "[p]rovide a mechanism for the payment of covered claims under certain insurance policies" to avoid delay and financial loss resulting from an insurer's insolvency....

assets within Florida could be preserved. Section 631.051 "The commissioner may apply to the court for

...The Legislature adopted the Florida Insurance Guaranty Association Act (“FIGA Act”) 1 for the stated purpose of preventing losses to claimants and policyholders after 1 §§ 631.50-.70, Fla. Stat. (2011). their insurers have become insolvent. § 631.51(1), Fla....

...Application of Statutory Process to the Instant Case At the outset, we note that, pursuant to section 631.53, we have an express mandate to construe liberally the statutory scheme governing claims against FIGA so as to promote the purposes articulated in section 631.51. Section 631.51(1) provides: “The purposes ....

.... are to: . . . [p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer[.]” § 631.51(1), Fla....

...tate at the time of the insured event or the property from which the claim arises is permanently located in this state. § 631.54(3) (emphasis added). Section 631.53 provides that the Act is to be liberally construed to effect the purposes stated in section 631.51. Section 631.51(1) states that a purpose of the Act is to “[pjrovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to *1194 claimants or policyholders b...

...Thus, we conclude that section 631.54(3) does not impose coverage for fees claimed under section 627.428 when such fees are not within the insurance policy’s coverage provisions. Finally, we observe that the Soto court relied on the purpose of the Act stated in section 631.51(1) “ ‘to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.’ ” Id. at 967 . But the court neglected to include the language at the beginning of section 631.51(1) stating that the purpose is to “[p]rovide a mechanism for the payment of covered claims under certain insurance policies” to avoid delay and financial loss resulting from an insurer’s insolvency....

...(2) Assist in the detection and prevention of insurer insolvencies; (3) Create a nonprofit corporation to administer and supervise the operation of such association; and (4) Assess the cost of such protection among insurers. § 631.51, Fla. Stat. (2011); see 631.57, Fla. Stat. (2011) (providing the powers of FIGA). At issue in this case is FIGA’s provision of “a mechanism for the payment of covered claims,” resulting from an insurer’s insolvency. § 631.51, Fla....

...hin the meaning of the statute in effect when their insurer is declared insolvent. Although, as Petitioners point out, section 631.53, Florida Statutes, requires that “[t]his part shall be liberally construed to effect the purposes set forth in s. 631.51, [Florida Statutes],” this does not mean that the Court may ignore the plain meaning of the statutes defining FIGA’s statutory obligations. Previously, the First District in Bernard addressed the same issues raised here....

...at n.7. The remainder of Jones addressed the issue of FIGA’s responsibility for judgment interest which, the court explained, existed due to the FIGA Act’s purpose “to avoid financial loss to claimants or policyholders due to the insolvency of the insurer. See § 631.51(1).” Jones, 908 So....

...ons specified under this chapter. Part II of the chapter referred to as the Florida Insurance Guaranty Association Act (FIGA) creates a non-profit corporation to provide a mechanism to guaranty and pay certain claims on behalf of insolvent insurers. § 631.51, Fla....

...*966 The trial court correctly disagreed with FIGA's interpretation of the statutes and cases. We review the court's interpretation de novo. The purpose of the FIGA Act is "to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer." § 631.51(1), Fla. Stat. (2001); see also Jones v. Fla. Ins. Guar. Ass'n, Inc., 908 So.2d 435, 442 (Fla.2005). We are to liberally construe the law to effect that purpose. See § 631.51, Fla....

...insolvency, involving no further obligation on FIGA's part) and to reject the balance of the settlement agreement (the stipulated liability for attorney's fees and costs). Such a result would not be fair and would not further FIGA's mandate under subsection 631.51(1), "to avoid financial loss to claimants or policyholders because of the insolvency of an insurer." Affirmed....

corrective plans with which providers must comply.6 Section 631.051, referred to above in subsection 651.114(5)

insureds for covered claims, not all claims. See § 631.51(1); Jones v. Fla. Ins. Guar. Ass'n, 908 So

...e coverage, and not in excess of, the applicable limits of an insurance policy to which this part applies, issued by an insurer, if such insurer becomes an insolvent insurer. ... (Emphasis added). Section 631.55(1) mandated the creation of FIGA, and section 631.51(1) provides that its purpose is to “[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the...

...The Legislature's expressed purpose is to "[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer." § 631.51(1)....

...ess judgment by acknowledging the claim is a 'covered claim' with no adverse consequences." This would frustrate the purpose of section 631.70, as well as one of the stated purposes of the FIGA Act, which is "to avoid excessive delay in payment," § 631.51(1)....

...ct. The FIGA Act provides “a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.” See § 631.51(1), Fla....

Regulation.” § 20.121(3)(a)l., Fla. Stat. See also § 631.051, Fla. Stat. (setting forth the grounds upon which

...The purpose of Part II, Chapter 631, Florida Statutes, is in part to provide a mechanism for payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policy holders because of the insolvency of a member insurer. See § 631.51, Florida Statutes....

...The Florida Insurance Guaranty Association was created to “[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.” § 631.51(1), Fla....

...nsolvency of an insurer; (2) Assist in the detection and prevention of insurer insolvencies; (3) Create a nonprofit corporation to administer and supervise the operation of such association; and (4) Assess the cost of such protection among insurers. Section 631.51, Fla.Stat....

...Association Act," § 631.50, created FIGA in part to "[p]rovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer," § 631.51(1)....

...3 So.2d at 1063 . . This analysis is certainly in keeping with the stated purpose of the Act. See Fla. Ins. Guar. Ass'n v. B.T. of Sunrise Condo. Ass’n, 46 So.3d 1039, 1041 (Fla. 4th DCA 2010) ("Section 631.55(1) mandated the creation of FIGA, and section 631.51(1) provides that its purpose is to ‘[pjrovide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the...

other authority for the order, we reverse. Section 631.051 authorizes the department upon specified grounds