AILEEN RIVERA, A MINOR, BY AND THROUGH HER FATHER AND NEXT FRIEND, DOMINGO RIVERA, AND DOMINGO RIVERA, INDIVIDUALLY, APPELLANTS,
v.
SOUTHERN AMERICAN FIRE INSURANCE COMPANY AND FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., APPELLEES
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FIGA is not liable for amounts exceeding policy limits or for the tortious acts of its members' insurers.
Appellants obtained a judgment exceeding policy limits against an insolvent insurer and sought to recover the excess from FIGA, alleging bad faith by …
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PER CURIAM.
The appellants, Rivera, obtained a $53,-000.00 judgment against Southern American Fire Insurance Company and its insured. Southern American thereafter became insolvent, and the Riveras sought to recover the excess over the policy limits of $25,000.00 from Florida Insurance Guaranty Association, Inc. (FIGA), alleging Southern American had dealt in bad faith with the plaintiffs-appellants. The trial court dismissed the complaint. We affirm.
The trial court was correct, because FIGA is not liable for any amounts in excess of policy limits and is not vicariously liable for tortious acts of members’ insurers. Section 631.57(lXa)3 Florida Statutes (1975).
The appellants rely heavily upon the case of Zinke-Smith, Inc. v. Florida Insurance Guaranty Association, Inc., 304 So. 2d 507 (Fla. 4th DCA 1974). We find this not to be persuasive because the attorney’s fee recovery therein was permitted by another statute.
Therefore, the final order of dismissal here under review be and the same is hereby affirmed.
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Jones v. Fla. Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005)…ligation under the policy giving rise to the claim. The Act does not allow for an award of an amount in excess of the policy provisions. Indeed, this was the conclusion reached by the Third District in Rivera v. Southern American Fire Insurance Co., 361 So. 2d 193 (Fla. 3d DCA 1978), where the court affirmed dismissal of a bad faith claim against FIGA which alleged that the insolvent insurer, Southern American, had dealt in bad faith with the claimant. The claimants sought an amount $25,000 in excess of the p…
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Teresita Fernandez v. Fla. Ins. Guar. Ass'n, Inc., 383 So. 2d 974 (Fla. 3d DCA 1980)…tution, however, the legislature was careful to restrict its potential liability not only concerning its vicarious responsibility for the acts of the companies it succeeds, § 631.-57(1)(a) Fla.Stat. (1979); Rivera v. Southern American Fire Ins. Co., 361 So. 2d 193 (Fla. 3d DCA 1978) (FIGA not liable for excess judgment caused by bad faith of predecessor insurer), but also as to its own allegedly wrongful activities. Concerning the latter issue, which is the one before us, Section 631.66, Florida Statutes (197…
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Williams v. Fla. Ins. Guar. Ass'n, Inc., 549 So. 2d 253 (Fla. 5th DCA 1989)…be manageable and not bankrupt the statute’s funding and payment mechanism, it was necessary to limit them not only as to total amount, but also as to substance— covered claims under existing policies. In Rivera v. Southern American Fire Ins. Co., 361 So. 2d 193 (Fla. 3d DCA 1978), cert. denied, 368 So. 2d 1372 (Fla.1979), the insureds sued their defunct insurance company and FIGA for $25,000 in excess of the policy limits for the insurance company’s having dealt with them in bad faith. The court held that…
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- Zinke-Smith, Inc. v. Fla. Ins. Guar. Ass'n, Inc., 304 So. 2d 507 (Fla. 4th DCA 1974)