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ecause they had constructive notice of the disallowances. The claimants
could have and should have acted earlier.
Florida
Betty Jones v. Florida Ins. Guaranty Association, Inc., 908 So. 2d 435 (Fla.
2005). FIGA can be held responsible for breaching its duties imposed by
statute and flowing from the contract of the insolvent insurer, including the
statutory duty to be deemed the insolvent insurer in the defense of covered
claims.908 So.2d 445. The FIGA Act obligates FIGA to the extent of covered
claims for that amount which is in excess of $100 but less than $300,000.
The $300,000 liability cap becomes applicable only if FIGA's obligation would
otherwise exceed that amount. In all other cases, liability is generally limited
to the amount for which the insurer would have otherwise been responsible
under the policy. FIGA is liable for any post‐judgment interest accruing on
any judgments. 908 So.2d 454 (citations omitted).
Chase Bank of Texas Nat. Ass'n v. Fla. Dep't. of Ins., 860 So. 2d 472 (Fla. 1st DCA
2003). Receiver can make a claim on behalf of a third party in the course of the
liquidation proceeding. 860 So. 2d at 477.
Fla. Dep't. Fin. Serv. v. Midwest Merger Mgmt., LLC, No. 4:07cv207‐SPM/WCS,
2008 WL 3259045 (N.D. Fla. Aug. 6, 2008). Garnishment of accounts, service of a
Writ of Execution to commence levy proceedings on personal property. 2008
WL 3259045 at 1. To recover contended assets, the Department, in its capacity
as administrator, receiver, or similar capacity, may pursue any actions for
damages or other recoveries on behalf of the insurer's estate and the insurer's
policyholders, creditors, and other claimants. Id. (citing § 631.3915, Fla. Stat.
(n.d.)) There is no requirement for the civil action to take place in the
receivership court. Id. at 3. (citations omitted).
Fla. Dep't. Fin. Serv. v. MJ Versaggi Trust, 952 So. 2d 583 (Fla. 2d DCA 2007).
When Worker's Compensation Insurer becomes insolvent and is in receivership,
the Department, as receiver, can notify a debtor that additional policy premiums
are due for the purposes of workers' compensation coverage.
Florida Ins. Guaranty Association v. All the Way with Bill Vernay, Inc., 864 So. 2d
1126 (Fla. 2d DCA 2003). Where an insurer erroneously begins to carry out these
duties, and the insured, as required, relies upon the insurer to the insured's
detriment, the insurer should not be able to deny the coverage which it earlier
acknowledged. It is the fact that the insured has been prejudiced that estops
the insurer from denying the indemnity obligation of the insurance policy. 890
So.2d 1172 (citing Doe v. Allstate Ins. Co., 653 So.2d 371, 374 (Fla.1995)).
In re Allen, 217 B.R. 945 (Bankr. M.D. Fla. 1998). The receiver for an insolvent
insurer obtained a judgment against Allen. Allen filed bankruptcy, and his
discharge was denied because he had failed to account for assets.
Notwithstanding the denial of his discharge, Allen sought to avoid the lien of
the judgment on property that he had claimed as exempt. The bankruptcy
court agreed with Allen, holding that a debtor in bankruptcy may avoid a lien
on exempt property regardless of the nature of the underlying debt. See
also In re Clark, 217 B.R. 943 (Bankr. M.D. Fla. 1998).
In Re Receivership of Syndicate Two, Inc., 538 So.2d 945 (Fla. Dist. Ct. App.
1989). Pursuant to statute, the appointed receiver of an insolvent insurer had
title to all property, including documents of the insurer and a law firm retaining
documents of the insurer, claiming they were subject to an attorney's retaining
lien, was required to deliver the documents to the receiver. The validity of the