Florida Insurance Guaranty Ass'n v. Bentley

Florida District Courts of Appeal
Florida Insurance Guaranty Ass'n v. Bentley, 583 So. 2d 729 (1991)
1991 Fla. App. LEXIS 7037; 1991 WL 133434
Booth, Nimmons, Wentworth

Florida Insurance Guaranty Ass'n v. Bentley

Opinion of the Court

PER CURIAM.

This cause is before us on appeal from a declaratory final judgment. Appellant argues that the trial court erred in finding that each survivor suing for the death of the decedent by the act of a single insured was entitled to the $300,000 statutory limit under the Florida Insurance Guaranty Association Act (FIGA Act), Section 631.-57(l)(a)3, Florida Statutes, relating to claims against insolvent insurers.

The trial court did not, at the time it entered judgment, have the benefit of Florida Insurance Guaranty Association v. Cole, 573 So.2d 868, 870-871 (Fla. 2d DCA 1990), wherein the court held that multiple survivors under the Wrongful Death Act, suing for the death of one person caused by the act of a single insured, had only a single covered claim under the FIGA Act.

The declaratory final judgment is, therefore, reversed, and this cause is remanded for proceedings consistent herewith.

BOOTH and NIMMONS, JJ., and WENTWORTH, Senior Judge, concur.

Reference

Full Case Name
FLORIDA INSURANCE GUARANTY ASSOCIATION v. Johnny L. BENTLEY
Cited By
1 case
Status
Published