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Fourth DCA Affirms Denial of Attorney’s Fees Against FIGA

In Adele Rose Lormeus v. Florida Insurance Guaranty Association, Inc. No. 4D2024-0712 (Fla. 4th DCA January 30, 2025)—Caryn L. Bellus and Elizabeth Henriques, of our Miami office, were successful in defending the trial court’s decision to deny the insured’s motion for attorney’s fees against FIGA. The Fourth District Court of Appeal issued a per curiam affirmance implicitly rejecting the insured’s argument that FIGA denied her claim by affirmative action entitling her to attorney’s fees and costs. Caryn and Elizabeth successfully argued that FIGA did not deny the insured’s claim by affirmative action when it simply conveyed in an email the prior carrier’s reason for denying coverage and requested proof if that carrier’s reasoning was incorrect.

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