HERMES BARBA v. FLORIDA INSURANCE GUARANTY ASSOCIATION

SIXTH DISTRICT COURT OF APPEAL
STATE OF F LORIDA
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Case No. 6D2024-1665
Lower Tribunal No. 22-CA-001660
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H ERMES BARBA,
Appellant,
v.
FLORIDA I NSURANCE G UARANTY A SSOCIATION,
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

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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