Rivera v. Southern Am. Fire Ins. Co.
Cases that cite this one
12 later published cases cite this decision.
- Jones v. Florida Ins. Guar. Ass'n, Inc. (Fla. 2005)
- Fernandez v. Florida Ins. Guaranty Ass'n (Fla. Dist. Ct. App. 1980)
- Vaughn v. Vaughn (Wash. Ct. App. 1979)
- Bentley v. North Carolina Insurance Guaranty Ass'n (N.C. Ct. App. 1992)
- Veillon v. Louisiana Ins. Guar. Ass'n (La. Ct. App. 1992)
- Williams v. Champion Ins. Co. (La. Ct. App. 1991)
- Gauthier v. Champion Ins. Co. (La. Ct. App. 1991)
- Williams v. FLORIDA INS. GUAR. ASS'N (Fla. Dist. Ct. App. 1989)
- Williams v. Florida Insurance Guaranty Ass'n (Fla. Dist. Ct. App. 1989)
- Segarra v. Florida Insurance Guaranty Ass'n (Fla. Dist. Ct. App. 1983)
- Ruiz v. Fernandez (Fla. Dist. Ct. App. 1979)
- Carrazana v. Florida Insurance Guaranty Ass'n (Fla. Dist. Ct. App. 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
District Court of Appeal of Florida, Third District.
Freidin & Goldfarb and Philip Freidin, Miami, for appellants.
Preddy, Kutner & Hardy and Stephen T. Brown, Miami, for appellees.
Before PEARSON, BARKDULL and HUBBART, JJ.
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 *194 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(1)(a)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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.