Tag Archives: Florida Insurance Guaranty Association

Fourth DCA Affirms Judgment for Homeowners Association Where Enforcement of Declaration Left to Association’s Discretion

By Robin Bresky |

Heath v. Bear Island Homeowners Association, Inc. Case No. 4D10-3779 The Fourth District Court of Appeal (“DCA”) reviewed a trial court’s final judgment in favor of the defendant homeowners association (“HOA”) and the HOA’s board member. Heath, the plaintiff, had filed suit against the defendants for injunctive relief to compel them to enforce the… Read More »

Reverses Order Dismissing Suit Entered Following Hearing Noticed Only as Status Conference

By Robin Bresky |

Marcline v. Florida Insurance Guaranty Association, 4D09-4948 May 25, 2011 The Fourth DCA recently reversed a trial court order dismissing the appellants’ case with prejudice entered following a status conference. The appellants had filed a claim with the Florida Insurance Guaranty Association (“FIGA”) after their insurer became insolvent. The appellants eventually sued for breach… Read More »