BENDER v. DEPT. OF FINANCIAL SERVICES

Nos. 1D08-104, 1D08-105.

17 So.3d 770 (2009)

Alfred BENDER and Susan Bender, Appellants, v. STATE of Florida, DEPARTMENT OF FINANCIAL SERVICES, as Receiver of Caduceus Self Insurance Fund, Inc., Appellee. Zelda Williams, Appellant, v. State of Florida, Department of Financial Services, as Receiver of Caduceus Self Insurance Fund, Inc., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 30, 2009.


Attorney(s) appearing for the Case

Susan B. Morrison, Tampa; Mac A. Greco, Jr., Tampa; Donald M. Hinkle and Lisa Magill Foran of Hinkle & Foran, Tallahassee, for Appellants.

Theodore R. Doran and Carolyn S. Ansay of Doran, Wolfe, Ansay & Kundid, Daytona Beach; Eric Scott, Senior Attorney, Florida Department of Financial Services, Tallahassee, for Appellee.


THOMAS, J.

In this consolidated case, we address whether a trial court abuses its discretion under the "Insurers Rehabilitation & Liquidation Act" ("IRLA") when it limits an insured claimant's recovery to policy limits, where the claimant has obtained a final judgment in excess of policy limits after liquidation proceedings under the Act are voluntarily initiated by the insurer.

Based on our consideration of the statutory scheme of the Act, we hold that...

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