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Rivera v. Southern Am. Fire Ins. Co.

Rivera v. Southern Am. Fire Ins. Co., 361 So. 2d 193 (Fla. Dist. Ct. App. 1978)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
July 5, 1978
Docket
No. 77-1852
Judges
Pearson, Barkdull and Hubbart
Citations
361 So. 2d 193
Cited by 13 1 descriptions by later courts

Opinion

361 So.2d 193 (1978)

Aileen RIVERA, a Minor, by and through Her Father and Next Friend, Domingo Rivera, and Domingo Rivera, Individually, Appellants,

v.

SOUTHERN AMERICAN FIRE INSURANCE COMPANY and Florida Insurance Guaranty Association, Inc., Appellees.

No. 77-1852.

District Court of Appeal of Florida, Third District.

July 5, 1978. Rehearing Denied August 25, 1978.

Freidin & Goldfarb and Philip Freidin, Miami, for appellants.

Preddy, Kutner & Hardy and Stephen T. Brown, Miami, for appellees.

Before PEARSON, BARKDULL and HUBBART, JJ.

PER CURIAM.

The appellants, Rivera, obtained a $53,000.00 judgment against Southern American Fire Insurance Company and its insured. Southern American thereafter became insolvent, and the Riveras sought to recover the excess over the policy limits of $25,000.00 from Florida Insurance Guaranty Association, Inc. (FIGA), alleging Southern *194 American had dealt in bad faith with the plaintiffs-appellants. The trial court dismissed the complaint. We affirm.

The trial court was correct, because FIGA is not liable for any amounts in excess of policy limits and is not vicariously liable for tortious acts of members' insurers. Section 631.57(1)(a)3 Florida Statutes (1975).

The appellants rely heavily upon the case of Zinke-Smith, Inc. v. Florida Insurance Guaranty Association, Inc., 304 So.2d 507 (Fla. 4th DCA 1974). We find this not to be persuasive because the attorney's fee recovery therein was permitted by another statute.

Therefore, the final order of dismissal here under review be and the same is hereby affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 13 cases

View all citing references →
1978: 11979: 31980: 11983: 11989: 21991: 21992: 22005: 119782026peak 1979 · 3

Relies on it most ⓘ

  1. Jones v. Florida Ins. Guar. Ass'n, Inc.908 So. 2d 435 (Fla. 2005)
  2. Vaughn v. Vaughn597 P.2d 932 (Wash. Ct. App. 1979)
  3. Fernandez v. Florida Ins. Guaranty Ass'n383 So. 2d 974 (Fla. Dist. Ct. App. 1980)
  4. Bentley v. North Carolina Insurance Guaranty Ass'n418 S.E.2d 705 (N.C. Ct. App. 1992)
  5. Gauthier v. Champion Ins. Co.583 So. 2d 556 (La. Ct. App. 1991)
  6. Veillon v. Louisiana Ins. Guar. Ass'n608 So. 2d 670 (La. Ct. App. 1992)

Most recent

  1. Jones v. Florida Ins. Guar. Ass'n, Inc.908 So. 2d 435 (Fla. 2005)
  2. Veillon v. Louisiana Ins. Guar. Ass'n608 So. 2d 670 (La. Ct. App. 1992)
  3. Bentley v. North Carolina Insurance Guaranty Ass'n418 S.E.2d 705 (N.C. Ct. App. 1992)
  4. Williams v. Champion Ins. Co.590 So. 2d 736 (La. Ct. App. 1991)
  5. Gauthier v. Champion Ins. Co.583 So. 2d 556 (La. Ct. App. 1991)
  6. Williams v. FLORIDA INS. GUAR. ASS'N549 So. 2d 253 (Fla. Dist. Ct. App. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Zinke-Smith, Inc. v. FLA. Ins. Guar. Ass'N, 304 So. 2d 507 (Fla. Dist. Ct. App. 1974) 35

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