Hermes Barba v. Florida Insurance Guaranty Association

• Court: District Court of Appeal of Florida
• Decided: January 23, 2026
• Docket: 6D2024-1665
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2024-1665 Lower Tribunal No. 22-CA-001660 _____________________________

HERMES BARBA,

Appellant, v.

FLORIDA INSURANCE GUARANTY ASSOCIATION,

Appellee. _____________________________

Appeal from the Circuit Court for Lee County. Alane Laboda, Judge.

January 23, 2026

PER CURIAM.

AFFIRMED. See, e.g., Fla. Ins. Guar. Ass’n, Inc. v. Waterfire Restoration,

LLC, 50 Fla. L. Weekly D2520b, 2025 WL 3289830, at *3 (Fla. 4th DCA Nov. 26,

2025) (holding that the Florida Supreme Court’s decision in Petty v. Florida

Insurance Guarantee Association, 80 So. 3d 313 (Fla. 2012), “makes it clear that

covered claims which [the Florida Insurance Guaranty Association] pays must come

from coverage within the policy, and not merely from a post-loss settlement

agreement”); § 631.54(4), Fla. Stat. (2023) (“‘Covered claim’ means an unpaid claim, including one of unearned premiums, which arises out of, and is within the

coverage, and not in excess of, the applicable limits of an insurance policy to which

this part applies, issued by an insurer, if such insurer becomes an insolvent insurer

and the claimant or insured is a resident of this state at the time of the insured event

or the property from which the claim arises is permanently located in this state.”

(emphasis added)); § 631.57(1)(a)4., Fla. Stat. (“The [FIGA] may not be obligated

to a policyholder or claimant in an amount in excess of the obligation of the insolvent

insurer under the policy from which the claim arises.” (emphasis added)); §

631.57(1)(b), Fla. Stat. (“The [FIGA] shall . . . [b]e deemed the insurer to the extent

of its obligation on the covered claims, and, to such extent, shall have all rights,

duties, defenses, and obligations of the insolvent insurer as if the insurer had not

become insolvent.” (emphasis added)); cf. § 631.60(2), Fla. Stat. (“The receiver,

liquidator, or statutory successor of an insolvent insurer shall be bound by

settlements of covered claims by the [FIGA] or a similar organization in another

state.” (emphasis added)).

STARGEL, MIZE and PRATT, JJ., concur.

Melissa Portes Romero and Pierre A. Louis, of Louis Law Group, PLLC, Miami, for Appellant.

Amy Klotz and Hinda Klein, of Conroy Simberg, Hollywood, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED 2