Diane Petty v. Florida Insurance Guaranty Association

Summary

The court held that an attorney's fee award under section 627.428(1) is not a covered claim that the Florida Insurance Guaranty Association must pay when the underlying insurance policy does not expressly provide coverage for that award. Although the fee claim arose from the insurance policy, it was not within the policy's coverage because the fee statute imposes liability by operation of law without altering the policy's coverage provisions. The court approved the Second District's decision and disapproved the conflicting Third District decision.