STORY FROM: Superstorm Sandy Insurance Litigation
Trial Court Has Jurisdiction Over Guaranty Association, Fla. Appeals Court Rules
April 14, 2016
MIAMI — A first-party claimant is not required to file a new lawsuit against the Florida Insurance Guaranty Association or separately serve the association in order to substitute it as a defendant in the place of an insolvent insurer, a Florida appellate court has held.
On April 13, the Florida Court of Appeal, 3rd District, concluded that the trial court has jurisdiction over FIGA in a Hurricane Wilma damage action, rejecting the association’s assertion that the insured’s attempt to name it as a defendant in the lawsuit was untimely.
In 2005, Hurricane Wilma damaged Erena Mendoza’s home in Opa Locka, ...
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