The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . this and other appellate courts’ prior holdings, the amended definition of “covered claim” in section 631.54 . . .
. . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE MAY 17, 2011 . . . The statute at issue here is section 631.54(3), Florida Statutes (2011), in which the Legislature amended . . . And as a result, they conclude that the 2009 statutory definition of “covered claim” in section 631.54 . . . But the plain language of section 631.54(3)(c), Florida Statutes (2011), does expressly limit how FIGA . . . As a result, in this case, the definition of “covered claim,” in section 631.54(3), Florida Statutes . . .
. . . court ruled that Miller’s claim for attorney’s fees was specifically precluded by language in section 631.54 . . . Second, he argues that the trial court erred in applying the 2012 version of section 631.54(3)(c) to . . . find that attorney’s fees were not allowed because the pre-20Í1 version of section 631.54(3)(c), which . . . a scheme of statutory construction that reconciles any inconsistencies between sections 631.70 and 631.54 . . . Thus, we find that the language in section 631.54(3)(c) that excludes attorney’s fees in sinkhole cases . . .
. . . that Mendoza’s claims against First Home were “covered claims,” as that term is defined in section 631.54 . . . insured event or the property from Which the claim arises is permanently located in this state. • ; § 631.54 . . .
. . . . § 631.54(3)(c) (2011).” We believe that this was an admission of coverage. . . .
. . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE MAY 17, 2011 . . .
. . . A “covered claim” is defined in section 631.54(3). . . . pay for actual repairs to the property but is not liable for amounts in excess of policy limits. § 631.54 . . . an “unpaid claim” that arises out of and is within the coverage of the relevant insurance policy. § 631.54 . . . Third, appraisal was unavailable under the 2011 amendment to section 631.54(3), Florida Statutes. . . . Lustres were entitled to appraisal under the terms of their policy under the 2011 amendment to section 631.54 . . . Our review of the question of the applicability of the 2011 amendment to section 631.54(3) to the Lustres . . . Under the analysis in that case, the definition of “covered claim” in the 2011 amendment to section 631.54 . . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE MAY 17, 2011 . . .
. . . Relying on the 2011 amendment to the definition of “covered claim” contained in section 631.54(3), Florida . . . Our review of the question of the applicability of the 2011 amendment to section 631.54(3) to the Mayas . . . Under the analysis in that case, the definition of “covered claim” in the 2011 amendment to section 631.54 . . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE May 17, 2011 . . .
. . . (Fla. 2d DCA 2015), we conclude that appraisal is not available under the 2011 amendment to section 631.54 . . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE MAY 17, 2011 . . .
. . . it was ready to pay the Hunnewells for “actual repairs to the property” in accordance with section 631.54 . . . FIGA alleged that under section 631.54(3)(c), it was only obligated to pay for “the actual repair of . . . it was inappropriate in the context of a sinkhole claim because under the 2011 amendment to section 631.54 . . . Under the analysis in that case, the definition of “covered claim” in the 2011 amendment to section 631.54 . . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE MAY 17, 2011 . . .
. . . FIGA argues that appraisal is not appropriate under section 631.54(3)(c), Florida Statutes (2011). . . . than testing deemed appropriate by the association or payable for the actual repair of the loss.” § 631.54 . . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE MAY 17, 2011 . . .
. . . of great public importance: Does the 2011 amendment to the definition of “covered claim” in section 631.54 . . .
. . . . § 631.54(3), Fla. Stat. (2008). . . . the definition of “covered claim” effective May 17, 2011, by adding a new paragraph (c) to section 631.54 . . . DOES THE DEFINITION OF “COVERED CLAIM” IN SECTION 631.54(3), FLORIDA STATUTES, EFFECTIVE MAY 17, 2011 . . .
. . . regarding the limits on its liability and having to directly pay the insureds in contravention of section 631.54 . . . We have no authority to decide whether the trial court applied the correct version of section 631.54( . . .
. . . the outcome of the case, including having to pay the insured directly, in contravention of section 631.54 . . . (3)(c); having to pay more than the "covered losses,” under a particular version of section 631.54; having . . .
. . . that its liability for this loss was governed by the 2010 definition of “covered claim” in section 631.54 . . . law that [Bernard] is entitled to payment of amounts due on a ‘covered claim,’ as defined by Section 631.54 . . . (codified at § 631.54(3)(c), Fla. Stat. (2011))(empha-sis added). . . . The creation of section 631.54(3)(c) was one of a number of provisions in chapter 2011-39 intended to . . . Code (defining "impaired insurer”) with § 631.54(6), Fla. Stat. (defining "insolvent insurer”). . . . .
. . . The result below and its affirmance are required by the unambiguous language of section 631.54(6) which . . . was a ‘member insurer’ at the time of the insured event (July 30, 2001) as defined by Florida Statute 631.54 . . . (6) and [the] Plaintiffs’ insurer was an ‘insolvent insurer’ as defined by Florida Statute 631.54(7). . . . Section 631.54(7), Florida Statutes (2011) provides: "Member insurer” means any person who writes any . . .
. . . However, under the plain language of section 631.54(3), Florida Statutes (2008), a claim is a “covered . . .
. . . (2008), is not within the coverage of her insurance policy, it is not a covered claim under section 631.54 . . . within the coverage of Petty’s policy and was not a covered claim that FIGA must pay under section 631.54 . . . Section 631.54(3) defines a covered claim as: an unpaid claim, including one of unearned premiums, which . . . A plain reading of section 631.54(3) indicates that a covered claim must meet two distinct requirements . . . See § 631.54(3), Fla. Stat. . . .
. . . Ass’n, 908 So.2d 435, 442 (Fla.2005); see § 631.54(3), Fla. . . . Section 631.54(5), Florida Statutes (2010), part of the FIGA act, also defines "homeowner's insurance . . .
. . . . § 631.54(3) (emphasis added). . . . In addressing the definition of “covered claim” in section 631.54(3), this court stated, “Under the plain . . . Id. at 966 (citing section 631.54(3), Florida Statutes (2001)). . . . concluded that Soto’s stipulated but unpaid attorney’s fee judgment was a “covered claim” under section 631.54 . . . Thus, we conclude that section 631.54(3) does not impose coverage for fees claimed under section 627.428 . . .
. . . Section 631.54(3) defines a “covered claim” as: “Covered claim” means an unpaid claim, including one . . .
. . . .” § 631.54(3), Fla. Stat. (2008). . . .
. . . . § 631.54(3), Fla. Stat. (2001). . . . stipulated but unpaid attorney’s fee judgment is a “covered claim” within the meaning of subsection 631.54 . . . such a request, the court held that the attorney’s fees were not a “covered claim” under subsection 631.54 . . .
. . . . § 631.54 bars Federated’s claims. . . . Section 631.54(3)(b) provides that “[m]ember insurers shall have no right of subro-gation, contribution . . . Stat. § 631.54(3)(b). Id. at 1231-32. . . . Prior to its amendment in 2004, § 631.54(3)(b) provided that member insurers had "no right of subrogation . . .
. . . . § 631.54(3). . . .
. . . and is within the coverage, and not in excess of, the applicable limits of an insurance policy-” § 631.54 . . . phrase “is within the coverage, and not in excess of, the applicable limits of an insurance policy.” § 631.54 . . .
. . . Section 631.54(3) defines covered claim: “Covered claim” means an unpaid claim, including one of unearned . . . Because section 631.54(3) and the provisions of the insurance policies make it clear that Vernay’s damages . . .
. . . violation of licensing provisions may result in fine and assessment for investigative and legal costs); § 631.54 . . .
. . . See, e.g„ §§ 27.56(1)(a); 45.061(3)(a); 253.03(13); 373.129(6); 489.132(3) 631.54(5); 895.05(7); 895.07 . . .
. . . however, that the subject claim was not a “covered claim” which FIGA is required to pay under Section 631.54 . . .
. . . However, the parties treated the policy as excess, and did not make that an issue on appeal. .Section 631.54 . . .
. . . Florida Statutes (1985), FIGA became obligated to pay Integrity’s “covered claims,” as defined by section 631.54 . . . insurance policy ...,” is a helpful definition, but it does not truly define the nature of a “claim.” § 631.54 . . .
. . . Section 631.54(3), Florida Statutes (1983) defines a “covered claim”, to be [A]n unpaid claim, including . . . Therefore, punitive damages could not fall within the “covered claim” provisions of section 631.54. . . .
. . . . § 631.54(3), Fla. Stat. (1983). . . . DAUKSCH and COBB, JJ„ concur. . §§ 631.51(1), 631.54(3), Fla. Stat. (1983). . § 631.57(l)(b), Fla. . . .
. . . . § 631.54(3), which FIGA is obligated to pay under § 631.57(l)(a). . . . Stat. § 631.54(3). NCNB National Bank of Florida v. . . .
. . . for any judgment rendered on the contribution claim, basing its motion on the provisions of section 631.54 . . . subrogation, as opposed to contribution, and relying upon provisions found in the FIGA statute, section 631.54 . . . Pursuing this argument, McKenzie first points to the definition of “covered claim,” under section 631.54 . . . Next, we agree, as stated by the trial judge in the final judgment, that section 631.54(3), excluding . . .
. . . . § 631.54(3) (1984); Ill. . . .
. . . claims, the court granted summary judgment in favor of Upper Keys, basing its conclusions upon section 631.54 . . .
. . . compensation insurer does not have a “covered claim” due to the bar against subrogation set forth in Section 631.54 . . . enforcement of claims arising in the instant case through subrogation rights that are barred by Section 631.54 . . .
. . . FIGA denied the carrier’s claim as not being a “covered claim” as defined by section 631.54(3), Florida . . . lien is to avoid a double recovery, we see no reason why the definition of “covered claim” in section 631.54 . . . Since we have determined that the definition of “covered claims” in section 631.54(3) applies to claims . . . accordingly, hold that although the prohibition against subrogation recoveries contained in section 631.54 . . .
. . . answer by pleading the insolvency of Upper Keys’ insurance carrier in order to urge as a defense section 631.54 . . .
. . . whether the deputy commissioner had jurisdiction to determine whether Travelers is precluded by section 631.54 . . . have jurisdiction to decide the issue of FIGA's liability or lack thereof to Travelers under section 631.54 . . . deputy’s order of modification which purports to determine FIGA’s liability to Travelers under section 631.54 . . .
. . . We reject appellant’s argument that common paternity denotes a single covered claim under section 631.54 . . .
. . . court believed that the pre-insolvency court costs were “covered claims” within the meaning of section 631.54 . . .
. . . Larotonda, 308 So.2d 129 (Fla. 3d DCA) cert. denied, 316 So.2d 295 (Fla.1975); § 631.54(4), Fla.Stat. . . .
. . . statutory obligation to pay the covered claims of Main’s Florida insureds and creditors under Sections 631.54 . . . (1), Florida Statutes, imposes the obligation upon FIGA to pay “covered claims,” defined in Section 631.54 . . . The term “insolvent insurer” is defined in Section 631.54(5), Florida Statutes (1979) as follows: (5) . . . Thirdly, we note the enactment in 1979 of an amendment to Section 631.54(5) which imposed the additional . . . This is so because, prior to the 1979 amendment, Section 631.54(5) defined “insolvent insurer” as an . . .
. . . Involved here is the question of whether a solvent member insurer under Section 631.54(4), Florida Statutes . . . the solvent carrier’s subrogation claim on the grounds that such claim was precluded under Section 631.54 . . . The solvent carrier next argues that this is not a “covered claim” under Section 631.54(4) because a . . .
. . . Section 631.54(4), Florida Statutes (1979) provides: (4) ‘Covered claim’ means an unpaid claim ... which . . .
. . . . § 631.54(4), Fla.Stat. (1979) provides: (4) ‘Covered claim’ means an unpaid claim . which arises out . . .
. . . I would hold that such conduct is not a “covered claim” as defined in Section 631.54(4), Florida Statutes . . .
. . . and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer;” § 631.54 . . . See § 631.54(5). . . . Here the claimant Dolan qualifies under § 631.54(4), above quoted, as a resident of this state but his . . .
. . . statute, being Section 627.727 of the Florida Statutes, but rather the definition as set forth in Section 631.54 . . . Section 631.54(5) of the Florida Statutes in defining ‘insolvent insurer’ says: “Insolvent insurer” means . . . Statute, Section 627.727, which defines ‘insolvent insurer’ by referring to Florida Statute Subsection 631.54 . . . while the trial court’s decision of the question may be in accordance with § 627.727(3) and (4) and § 631.54 . . .
. . . insurance”, nor could any claim thereunder meet the definition of “covered claim” as set out in Section 631.54 . . . self-insurer” (as defined in Section 440.38, F.S.) was thereby an “insurer” within the meaning of Section 631.54 . . . When the legislature provided in Section 631.54(4), F.S. that “ ‘covered claim’ shall not include any . . . insurer such as would prevent any amount due it from qualifying as a “covered claim” under Section 631.54 . . . statute is to make FIGA an “insurer” on the “covered claim”, which latter term is defined under Section 631.54 . . .