Florida/Georgia Personal Injury & Workers Compensation

...Appellant suffered dismissal of the complaint with prejudice upon the determination made by the trial court that the policy was not direct insurance and that appellant's claim was not a "covered claim" within the scope of the Act (Part II, Chapter 631, Florida Statutes). We conclude that this was error and reverse. Section 631.52, F.S....

...Apparently because Falcon’s agreement with its customer was labeled a warranty, FIGA inferred that the agreement constituted warranty insurance and that therefore the SMIC policy was also warranty insurance. Warranty insurance is excluded by the Act under section 631.52(5) which states: This part shall apply to all kinds of direct insurance, except: [[Image here]] (5) Warranty, including motor vehicle service, home warranty, or service warranty....

...fore the agreement between Falcon and SMIC, the policy in issue, was warranty insurance. It appears that the SMIC policy provided liability insurance in the nature of an indemnification for losses to Falcon arising out of its warranties. Since under section 631.52(5) the act applies to “all kinds of insurance,” and since there is *333 no exclusion for the type of insurance policy issued by SMIC to Falcon, the trial court erred in entering judgment for FIGA....

...The trial court concluded that the workers’ compensation and employer’s liability insurance policy with a maritime coverage endorsement was neither “ocean marine” nor “wet marine” insurance for purposes of the Act. Accordingly, it entered judgment for Pilings. It is from that judgment that FIGA appeals. Section 631.52, Florida Statutes (1985), states that the Act shall apply to all kinds of direct insurance except life, title, surety, disability, credit, mortgage guaranty, surplus lines, warranty, motor vehicle service, ambulance service, optometric...

...s. In support of this argument, Pilings relies upon the decision in Deshotels v. SHRM Catering Services, Inc., 538 So.2d 988 (La.1989). In that case, construing a provision of the Louisiana Insurance Guaranty Association Law which is very similar to section 631.52 of our Act, the Louisiana Supreme Court concluded that the statute listed “different kinds of insurance policies, rather than different risks.” Id....

...insurance, a workmen’s compensation and employer’s liability policy “which incidently [sic] covered] risks associated with maritime activities.” Id. While we find the Deshotels analysis persuasive, it is unnecessary for us to decide whether section 631.52 refers to policies or to risks because we conclude that, even if, as FIGA argues, the section refers to risks rather than to policies, the Act applies to the risk covered by the maritime coverage endorsement....

...ent is not (and was not intended to be) “marine protection and indemnity” insurance, as that term is defined in section 624.607(l)(b), Florida Statutes (1985). Therefore, it is not “ocean marine” or “wet marine” insurance for purposes of section 631.52....

...orsement qualified as “marine protection and indemnity” insurance under section 624.607(l)(b) and, therefore, as “wet marine and transportation” insurance under section 624.607(2), that does not necessarily mean that the Act would not apply. Section 631.52 expressly provides that the Act applies to “all kinds of direct insurance” except those listed....

...xcessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer.” § 631.51(1), Fla. Stat. (1991). Self-insur- *707 anee was not covered by the Florida Insurance Guaranty Association. See § 631.52(11), Fla....

HERSEY, Judge. The issue on appeal is whether an insurance policy under which appellant filed a claim as lienholder provided “credit insurance” within the meaning of the exclusion from coverage contained in section 631.52, Florida Statutes (1985)....

...erage constituted credit insurance. The statute specifically excluded credit insurance from coverages which FIGA is required to provide and therefore the defendant, appellee, was entitled to a verdict. This appeal followed. The applicable statute is section 631.52, Florida Statutes (1985), which is part of the Florida Insurance Guaranty Association Act....

...profit corporation to administer and supervise the operation of such association; and (4) Assess the cost of such protection among insurers. Section 631.51, Fla.Stat. (1985). However, appellee’s obligations under the act are limited somewhat under section 631.52, which provides: Scope....

...(Emphasis added.) (While not applicable to the case at hand, it is nevertheless significant to note that the legislature in 1987 amended this section to expressly exclude “collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction.” § 631.52, Fla.Stat....

...Appellant admits that were the 1987 version of the statute applicable to the instant case, appellee would not be obligated to them for the loss of the airplane.) The question upon which this appeal hinges is whether the insurance policy at hand was “credit insurance” excluded from appellee’s coverage by section 631.52....

...Florida home from Green Tree Insurance Company. At that time, Green Tree was a foreign so-called “surplus lines” carrier, which, if nothing else happened, was not subject to the FIGA Act, see §§ 631.50. et seq., Fla. Stat. (2011), by statute, § 631.52(13), Fla....

...3d DCA July 18, 2012), is granted; that opinion is set aside and the judgment under review is *3 Affirmed. 3 1. Section 631.54(7), Florida Statutes (2011) provides: "Member insurer” means any person who writes any kind of insurance to which this part applies under s. 631.52, including the exchange of reciprocal or interinsurance contracts, and is licensed to transact insurance in this state....