CopyCited 103 times | Published | Supreme Court of Florida | 2005 WL 1580606
...nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, or the department or its representatives for any action taken by them in the performance of their powers and duties under this part. § 631.66, Fla....
...offer was an "action it took in the performance of [its] powers and duties under the statute to dispose of the covered claim in question." Id. at 975 (internal quotation marks omitted). The district court held, "An application of the plain terms of § 631.66, which neither require nor permit judicial construction, therefore compels the conclusion that no bad faith action lies against FIGA." Id....
...The district court also affirmed the trial court's dismissal of the second count, determining: The allegations of this count, though couched in the language of tort and constitutional law, still make out an action for bad faith against FIGA. Under section 631.66, Florida Statutes (1981), however, no action for bad faith lies against FIGA....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 489
...lieve FIGA of any duty it may have had with respect to the prosecution of the appeal because the judgment had been superseded before payment was made. FIGA relies upon Fernandez v. Florida Insurance Guaranty Association,
383 So.2d 974 (Fla. 3d DCA) (section
631.66, Florida Statutes (1979), precludes insured's bad faith action against FIGA for its refusal to settle claims for limits of policy of defunct insurer), rev....
...We need not decide what significance should be assigned to the fact that the judgment had been superseded prior to FIGA's payment of the liability limit; [4] nor need we decide whether FIGA, if it had defended the lawsuit, would have been immune under section 631.66, Florida Statutes (1979), from an action based upon its decision not to participate in the appeal....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 558
...IV (Cross-Appeal) We affirm the entry of the final summary judgment on Count II of Mrs. Giordano's complaint. The allegations of this count, though couched in the language of tort and constitutional law, still make out an action for bad faith against FIGA. Under section 631.66, Florida Statutes (1981), however, no action for bad faith lies against FIGA....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1980 Fla. App. LEXIS 16736
...Southern American Fire Ins. Co.,
361 So.2d 193 (Fla. 3d DCA 1978) (FIGA not liable for excess judgment caused by bad faith of predecessor insurer), but also as to its own allegedly wrongful activities. Concerning the latter issue, which is the one before us, Section
631.66, Florida Statutes (1979) provides: "
631.66 Immunity There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, or the department or its representatives for...
...It is obvious that the present claim arises from FIGA's refusal to accept the $10,000 settlement offer which was an "action" it took "in the performance of [its] powers and duties" under the statute to dispose of the covered claim in question. An application of the plain terms of § 631.66, which neither require nor permit judicial construction, therefore compels the conclusion that no bad faith action lies against FIGA....
...4th DCA 1974), cert. denied,
315 So.2d 469 (Fla. 1975), which held FIGA liable for the payment of attorneys' fees, involved another statute, Section
627.428, Florida Statutes (1979); there is no equivalent statutory impediment *976 to the application of §
631.66 to the situation before us....
...Florida Insurance Guaranty Association,
383 So.2d 942 (Fla. 3d DCA 1980) all involved questions relating only to the liability of FIGA in its capacity as the entity deemed by Section
631.57(1)(b) Florida Statutes (1979) to be the "insurer" of the covered claims of its insolvent predecessor. §
631.66 was therefore not even in issue in those cases....
...See also Kuvin, Klingensmith & Lewis, P.A. v. Florida Insurance Guaranty Association, Inc.,
371 So.2d 214 (Fla. 3d DCA 1979). [5] Finally, we find no merit at all in the contention that the preclusion of a badfaith case against FIGA as required by §
631.66 involves a violation of Article I, Section 21, the "access to courts" clause of the Florida Constitution....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 19766, 2009 WL 4874789
...surer, the association or its agents or employees, the board of directors, the Chief Financial Officer, or the department or office or their representatives for any action taken by them in the performance of their powers and duties under this part." § 631.66, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 146902
...ees and that the JCC did not err in computing the amount of the award, we affirm as to those points without additional comment. We also affirm the remaining point on appeal but deem that further discussion of the issue is warranted. FIGA argues that section 631.66, Florida Statutes (1987), precludes liability for bad faith attorney's fees because the association cannot be found liable for actions taken in the performance of its duties....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 6538, 28 Fla. L. Weekly Fed. D 1142
...Accordingly, the Florida Legislature has treated FIGA differently from the insolvent insurance companies it pays claims for, by providing various limitations on claims FIGA is obligated to pay, a one-year statute of limitations, and immunity to FIGA. See §§
631.57,
631.66,
631.68,
95.11(5)(d), Fla....
...ture shall arise against, any member insurer, the association or its agents or employees, the board of directors, or the department or its representatives for any action taken by them in the performance of their powers and duties under this part.... Section 631.66, Fla....
