CopyCited 103 times | Published | Supreme Court of Florida | 2005 WL 1580606
...oid financial loss to claimants or policyholders because of the insolvency of an insurer." §
631.51(1), Fla. Stat. (1995). The Act specifically provides and instructs that it shall be "liberally construed" to effect the purposes of the statute. See §
631.53....
...4th DCA 1995) (determining that there was a statutory basis upon which to assess court costs in excess of policy limits because FIGA "stands in the shoes" of the insolvent insurer). 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....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 15295
...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....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1989 WL 5672
...Accordingly, McKenzie urges, since McKenzie would be barred from recovery from FIGA amounts paid as subrogation recoveries to other 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....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 WL 3766879
...r, if such insurer becomes an insolvent insurer and the claimant or insured is a resident of this state 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....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2017 WL 543427, 2017 Fla. App. LEXIS 1648
...“[t]he law favors a rational, sensible construction”).
Equally important, our analysis of the pertinent statutes and case law takes into
consideration the requirement that the FIGA Act be “liberally construed” to effectuate the
purposes for which it was enacted. § 631.53, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2016 WL 1445424, 2016 Fla. App. LEXIS 5583
...(2011).
7
Section
631.67 specifically allows FIGA to request from the trial court that the stay
be enlarged, shortened or waived.
B. 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....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 14469
...r, if such insurer becomes an insolvent insurer and the claimant or insured is a resident of this state 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....
CopyCited 1 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 473, 2016 Fla. LEXIS 2327
...As a result, the Florida
Legislature—not the insurance policy—determines what coverage, if any, FIGA
provides to those who experience a covered loss within 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....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1989 WL 151453
...arising out of the coverage provided by the insolvent carrier is barred if not instituted within the one-year time. This interpretation is consistent with the liberal construction which is required of the Florida Insurance Guaranty Association Act. § 631.53, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...ive
delay in payment and to avoid financial loss to claimants or policyholders because of
the insolvency of an insurer." §
631.51(1). The courts have been directed by the
Legislature to liberally construe the FIGA Act to effect this purpose. See §
631.53;
Jones, 908 So....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 603317, 2017 Fla. App. LEXIS 1958
...e 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). The Act expressly states that it is to be liberally
construed to achieve its purpose. §
631.53.
When an insurer is declared insolvent, FIGA is "deemed the insurer to the
extent of its obligation on the covered claims, and, to such extent, shall have all rights,
duties, defenses, and obligations of the insolvent insurer as if the insurer had not
become insolvent." §
631.57(1)(b)....
