17 Fla. L. Weekly Supp. 273a
Online Reference: FLWSUPP 1704RAHAInsurance — Florida Insurance Guaranty Association — Attorney’s fees — Immunity — Where insureds have not established affirmative denial of claim by association, they are not entitled to award of attorney’s fees
ALON RAHABI and SHARLEEN WERTHEIMER, Florida residents, Plaintiffs, vs. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Defendant,. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 07-07253 CACE (05). February 1, 2010. Richard D. Eade, Judge. Counsel: Peter J. Walsh, for Plaintiffs. Jose P. Font, Vernis & Bowling, Hollywood, for Defendant.
REVERSED at 36 Fla. L. Weekly D2259a
ORDER ON PLAINTIFFS’ MOTION FOR ENTITLEMENT TO ATTORNEY’S FEES
THIS CAUSE having come on for hearing on the Plaintiffs’ Motion for Entitlement to Attorney’s Fees pursuant to Florida Statute § 627.428, and the Court having heard argument of counsel on December 17, 2009, and otherwise being fully advised in the premises, it is, hereby,
ORDERED AND ADJUDGED:
1. The Defendant’s affirmatives defenses do not constitute an affirmative denial pursuant to Florida Statute § 631.70, which states that: “[t]he provisions of s. 627.428 providing for attorney’s fee shall not be applicable to any claim presented to the association under the provisions of this part, except when the association denies by affirmative action, other than delay, a covered claim or portion thereof.”
2. As such, and being that the Plaintiffs’ have not otherwise established an affirmative denial on the part of Defendant, the Plaintiffs’ claim for attorney’s fees pursuant to Florida Statute § 627.428 is hereby denied since the Defendant is statutorily immune from the claim.
