unpaid claim in Florida

2026In Petty v. Florida Insurance Guaranty Ass’n, 80 So. 3d 313 (Fla. 2012), the Florida Supreme Court held that the insured’s statutory claim for attorneys’ fees pursuant to section 627.428 was not a “covered claim” that 5 FIGA was required to pay.

2026Weekly D2520b, 2025 WL 3289830 , at *3 (Fla. 4th DCA Nov. 26, 2025) (holding that the Florida Supreme Court’s decision in Petty v. Florida Insurance Guarantee Association, 80 So. 3d 313 (Fla. 2012), “makes it clear that covered claims which [the Florida Insurance Guaranty Association] pays must come from coverage within the policy, and not merely from a post-loss settlement agreement”); § 631.54(4), Fla. Stat. (2023) (“‘Covered claim’ means an unpaid claim, including one of unearned premiums, which arises out of, and is within the coverage, and not in excess of, the applicable limits of an ins

2010In reaching its conclusion to affirm the award of fees, the Third District stated that a covered claim was "an unpaid claim arising out of and covered by a policy issued by the insolvent insurer." Id. at 966 (citing section 631.54(3), Florida Statutes (2001)).

2010In reaching its conclusion to affirm the award of fees, the Third District stated that a covered claim was “an unpaid claim arising out of and covered by a policy issued by the insolvent insurer.” Id. at 966 (citing section 631.54(3), Florida Statutes (2001)).

2015In Whistler’s Park, Inc. v. Florida Insurance Guaranty Ass’n, 90 So.3d 841 (Fla. 5th DCA 2012), the late Judge Jacqueline Griffin wrote of the proliferation of cases involving EUO litigation and the forfeiture of benefits under policies of insurance, based more on a strategy to deny claims than to arrive at the truth about an insurance claim: As discussed in Curran , several of Florida’s district courts of appeal have concluded that the failure of an insured to appear for an EUO prior to filing suit to recover an unpaid claim is a material breach of contract, requiring forfeiture of coverage.

2015In Whistler’s Park, Inc. v. Florida Insurance Guaranty Ass’n, 90 So. 3d 841 (Fla. 5th DCA 2012), the late Judge Jacqueline Griffin wrote of the proliferation of cases involving EUO litigation and the forfeiture of benefits under policies of insurance, based more on a strategy to deny claims than to arrive at the truth about an insurance claim: As discussed in Curran, several of Florida’s district courts of appeal have concluded that the failure of an insured to appear for an EUO prior to filing suit to recover an unpaid claim is a material breach of contract, requiring forfeiture of coverage.

2012"Covered claim” as defined by Mississippi Code Annotated section 83-23-109(0 is: "an unpaid claim, including one of unearned 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 article applies issued by an insurer, if such insurer becomes an insolvent insurer....” An "insolvent insurer” as defined by Mississippi Code Annotated section 83-23-109(g) is: "an insurer licensed to transact insurance in this state either at the time the policy was issued or when the insured event occurred and against whom an order of

1989FIGA has argued that the case of Florida Insurance Guaranty Association v Price, 450 So.2d 596 (Fla. 2d DCA 1984) supports its argument that ASSOCIATION’S claim is not a covered claim.

1980Co. of New York, 250 So.2d 259 (Fla. 1971); Auto Mutual Indemnity Co. v. Shaw, 134 Fla. 815 , 184 So. 852 (1938). [3] There is no question that the allegations of the complaint were otherwise sufficient to state a bad faith-excess cause of action. [4] § 631.54(4), Fla. Stat. (1979) provides: (4) `Covered claim' means an unpaid claim ... 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... . [5] The Kuvin case held only that FIGA was not a governmental entity for venue purposes.

1980Co. of New York, 250 So.2d 259 (Fla. 1971); Auto Mutual Indemnity Co. v. Shaw, 134 Fla. 815 , 184 So. 852 (1938). [3] There is no question that the allegations of the complaint were otherwise sufficient to state a bad faith-excess cause of action. [4] § 631.54(4), Fla. Stat. (1979) provides: (4) `Covered claim' means an unpaid claim ... 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... . [5] The Kuvin case held only that FIGA was not a governmental entity for venue purposes.

1980Co. of New York, 250 So.2d 259 (Fla. 1971); Auto Mutual Indemnity Co. v. Shaw, 134 Fla. 815 , 184 So. 852 (1938). [3] There is no question that the allegations of the complaint were otherwise sufficient to state a bad faith-excess cause of action. [4] § 631.54(4), Fla. Stat. (1979) provides: (4) `Covered claim' means an unpaid claim ... 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... . [5] The Kuvin case held only that FIGA was not a governmental entity for venue purposes.