FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., APPELLANT,
v.
LOURDES ALATRISTE AND CENTURY TITLE, INC., A FLORIDA CORPORATION, APPELLEES
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Florida Insurance Guaranty Association must pay a claim by Lawyers Title Insurance against Century Title for vicarious liability arising from Century Title's negligent errors and omissions, as the claim is not a subrogation recovery excluded under the statute.
A claim by a title insurer against its agent for vicarious liability due to the agent's negligent errors and omissions is a covered claim under the Florida Insurance Guaranty Association Act, not excluded as a subrogation recovery.
[1] A claim by a title insurer against its agent for vicarious liability arising from the agent's negligent errors and omissions is a covered claim under the Florida Insuranc…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Lawyers Title, although a title insurance company, did not make a subrogation or related-type claim against Century Title; it made a claim against its agent, Century Title, for monies it was vicariously required to pay to third parties because of certain negligent errors and omissions of Century Title.”
Court's explanation of why the claim is not excluded as a subrogation recovery
Lawyers Title Insurance Corporation made a claim against Century Title, Inc., its agent, for monies Lawyers Title was vicariously required to pay to t…
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PER CURIAM.
The final summary judgment under review, requiring the defendant Florida Insurance Guaranty Association, Inc. [FIGA] to pay on a claim made by Lawyers Title Insurance Corporation [Lawyers Title] against the plaintiffs Century Title, Inc. and Lourdes Alatriste [Century Title], is affirmed. This claim was clearly covered by an insurance policy issued by the plaintiff Century’s insurer; this insurer has since been declared insolvent and on its face the defendant FIGA is therefore legally responsible for such claim. § 631.57(1), Fla.Stat. (1989). See also Martino v. Florida Ins. Guar. Ass’n., 383 So. 2d 942 (Fla. 3d DCA 1980).
The defendant FIGA argues, however, that the subject claim was not a “covered claim” which FIGA is required to pay under Section 631.54(3), Florida Statutes (1989). We cannot agree. Lawyers Title, although a title insurance company, did not make a subrogation or related-type claim against Century Title; it made a claim against its agent, Century Title, for monies it was vicariously required to pay to third parties because of certain negligent errors and omissions of Century Title. This being so, the subject claim does not represent an “amount due any ... insurer ..., as subrogation recoveries or otherwise ” and thus is not excluded as a FIGA claim under the above statute.
Affirmed.
PER CURIAM.
FIGA’s motion for rehearing and certification is denied without prejudice to FIGA raising an issue below upon remand as to whether the final judgment exceeds the policy limits of the plaintiff Century’s insolvent insurer.