Florida Ins. Guar. Ass'n v. Ehrlich, 82 So. 3d 849 (Fla. 4th DCA 2011). · Go Syfert
Florida Ins. Guar. Ass'n v. Ehrlich, 82 So. 3d 849 (Fla. 4th DCA 2011). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. ADAM RUBIN (fladistctapp, 2020-01-29)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. ADAM RUBIN
Fla. Dist. Ct. App. · 2020 · confidence medium
We explained in Florida Insurance Guaranty Association v. Ehrlich, 82 So. 3d 849, 850 (Fla. 4th DCA 2011), that [FIGA’s] filing of an answer and affirmative defenses pursuant to a court order did not constitute a “denial” of [the insured’s] claim by affirmative action other than delay. [FIGA] was compelled to answer the complaint by the trial court; [FIGA] did not voluntarily deny the claim.
discussed Cited as authority (rule) Miller v. Florida Insurance Guaranty Association, Inc. (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · confidence medium
Ass’n v. Ehrlich, 82 So.3d 849, 850 (Fla. 4th DCA 2011) (finding no denial by affirmative action when FIGA “was compelled to answer the complaint by the trial court” and the asserted affirmative defenses did not “explicitly deny the claim itself’); cf. Rahabi, 71 So.3d at 243 (“FIGA’s seven affirmative defenses alleged that the insureds’ damages ‘were not caused by a covered loss.’ By alleging that the insureds’ damages ‘[were] not caused by a covered loss,’ FIGA denied the insureds’ claim ‘by affirmative action.’ ”).
cited Cited as authority (rule) Gena v. Florida Insurance Guaranty Ass'n
Fla. Dist. Ct. App. · 2012 · confidence medium
Ehrlich, 82 So.3d at 850 (emphasis added).
cited Cited as authority (rule) Gena v. FLORIDA INS. GUAR. ASS'N
Fla. Dist. Ct. App. · 2012 · confidence medium
Ehrlich, 82 So.3d at 850 (emphasis added).
Retrieving the full opinion text from the archive…
FLORIDA INSURANCE GUARANTY ASSOCIATION
v.
Jeffrey EHRLICH and Sylvie Ehrlich
No. 4D09-3886.
District Court of Appeal of Florida, Fourth District.
May 4, 2011.
82 So. 3d 849
Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schef-fer, P.A., Hollywood, for appellant., Bard D. Rockenbach and Nichole J. Se-gal of Burlington & Rockenbach, P.A., West Palm Beach, and James C. Spitz of the Law Office of James C. Spitz, West Palm Beach, for appellee Jeffrey Ehrlich.
Damoorgian, Levine.
Cited by 9 opinions  |  Published
PER CURIAM.

The issue presented in this appeal is whether appellant was liable for attorney’s fees. Appellant was compelled by the court to file an answer, and appellant claimed in its affirmative defenses that appellees had not complied with all conditions precedent to filing suit in the underlying insurance policy. The trial court found that appellees were entitled to attorney’s fees and entered a final judgment for attorney’s fees and costs in the amount of $41,775.50. We hold that appellees were not entitled to attorney’s fees in this case, and we reverse.

Where an insured prevails in litigation against an insurance company, the insured is generally entitled to reasonable attorney’s fees. § 627.428(1), Fla. Stat. (2009). Likewise, where an insurance company pays on a claim after the insured files suit but before judgment is rendered, the payment constitutes a “confession of judgment or verdict in favor of the insured, thereby entitling the insured to attorney’s fees.” Ivey v. Allstate Ins. Co., 774 So.2d 679, 685 (Fla.2000). Appellant, when it assumes the liabilities of an insolvent insurance company, generally possesses “all rights, duties, defenses, and obligations of the insolvent insurer.” § 631.57(1)0»), Fla. Stat. (2009). Section 631.70 excludes FIGA from the provisions of section 627.428, “except when the association denies by affirmative action, other than delay, a covered claim or a portion thereof.”

Appellees filed a homeowner’s insurance claim with appellant after their own insurance company became insolvent. A few weeks later, before appellant investigated the claim and ostensibly to avoid the expiration of the statute of limitations, appel-lees filed suit against appellant. Having had insufficient time to investigate the claim, appellant sought two extensions of time to respond to the complaint. It then requested to stay the proceedings or dismiss the complaint pending completion of its investigation. Appellees opposed the motion. The trial court denied the motion and compelled appellant to “answer the complaint in 10 days.”

Pursuant to that order, appellant filed its answer and affirmative defenses in which it claimed that appellees had not complied with all conditions precedent to filing suit and, accordingly, no valid coverage existed. The parties later settled the underlying suit, and appellees moved the court for an award of attorney’s fees. Ap-pellees argued successfully in the trial court that appellant’s filing of the affirmative defense was an “affirmative action,” triggering appellant’s obligation to pay fees under section 631.70.

As the trial court’s order of entitlement was based on its interpretation of a statute, our review is de novo. T & W Developers, Inc. v. Salmonsen, 31 So.3d 298, 301 (Fla. 5th DCA 2010). Based on the specific facts of this case, we find that appellant’s filing of an answer and affirmative defenses pursuant to a court order did not constitute a “denial” of appellees’ claim by affirmative action other than delay. Appellant was compelled to answer the complaint by the trial court; appellant did not voluntarily deny the claim. Rather, appellant simply asserted its legitimate defenses under the policy. Essentially, appellant “delayed” paying the claim until it had sufficient time to investigate. At no time did appellant explicitly deny the claim itself.

Because the facts of this case do not satisfy the exception to appellant’s exclusion from section 627.428, the court erred in awarding attorney’s fees. Therefore,[*851] we reverse the judgment awarding attorney’s fees in favor of appellees.

Reversed.

MAY, DAMOORGIAN and LEVINE, JJ., concur.