Florida/Georgia Personal Injury & Workers Compensation

...Thus, according to Vernay, FIGA simply steps into Reliance's shoes and is responsible for the damages flowing from Reliance's breach of contract. However, this argument misinterprets the extent of FIGA's obligations. FIGA is strictly a creature of statute. See § 631.55 (creating FIGA as a nonprofit corporation that shall have the powers and duties defined by section *1130 631.57)....

...1978); Osburn v. Stickel, 187 So.2d 89 (Fla. 3d DCA 1966); Allstate Insurance Company v. Warren, 125 So.2d 886 (Fla. 3d DCA 1961). Reversed and remanded. NOTES [1] The Florida Insurance Guaranty Association is a non-profit corporation created by statute — § 631.55, Fla....

...hifted onto FIGA.” Id. at 190 (quoting Fla. Ins. Guar. Ass’n, Inc. v. Olympus Ass’n, Inc., 34 So.3d 791, 794 (Fla. 4th DCA 2010)); Williams v. Fla. Ins. Guar. Ass’n, Inc., 549 So.2d 253 , 254 (Fla. 5th DCA 1989). The FIGA Act created FIGA in section 631.55, Florida Statutes, and established its powers and duties in section 631.57....

...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....

...surers become insolvent. FIGA, the respondent in this case, is made up of “[a]ll insurers defined as member insurers . . . as a condition of their authority to transact -7- insurance in this state.” § 631.55, Fla....

...cond District Courts: FIGA’s duty to an insured arises under the statute applicable at the time an insurer is declared - 15 - insolvent and the insured is determined to have a “covered claim.” See §§ 631.55- .57, Fla....

...arned premiums, which arises out of, and is within the 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 financ...

companies which transact business in Florida. § 631.-55. Its “governing committee” contains no public

...This agent may be served with process. It is in keeping with its character and duties that service of process should be made at one place, just as in the case of insurance companies when sued individually. See Section 624.422, Florida Statutes (1977). Affirmed. . See Section 631.55, Florida Statutes (1977).

...rt of competent jurisdiction....” Goldin Props., 893 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 financ...