Petty, et al. v. Florida Ins. Guaranty Assoc.
Annotate this CaseThis case arose when petitioner's home was damaged in a hurricane and Florida Preferred was the insurer of the home. After petitioner sued Florida Preferred over a dispute regarding the covered loss and Florida Preferred subsequently became insolvent, petitioner filed a motion to substitute FIGA as the defendant. At issue was whether FIGA could be required to pay petitioner's attorney's fees and costs incurred in the litigation with Florida Preferred. Because petitioner's attorney's fee award pursuant to section 627.428(1), Florida Statutes, was not within the coverage of her insurance policy, it was not a covered claim under section 631.54(3), Florida Statutes, that FIGA must pay. Therefore, the court approved the decision of the Second District.
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