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RAHABI v. FLORIDA INS. GUAR. ASS'N, INC.

No. 4D10-846.

71 So.3d 241 (2011)

Alon RAHABI and Sharleen Wertheimer, Appellants, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

October 12, 2011.

Attorney(s) appearing for the Case

Robin Bresky and Sophia Blair of Law Offices of Robin Bresky, Boca Raton , and Peter G. Walsh of Stabinski and Funt, P.A., Miami, for appellants.

Helen Ann Hauser of Restani, Dittmar & Hauser, P.A., Coral Gables, for appellee.

GERBER, J.

The insureds appeal the circuit court's order denying their motion to recover their attorney's fees from the Florida Insurance Guaranty Association ("FIGA"). The insureds argue that they were entitled to recover their attorney's fees because FIGA denied their covered claim "by affirmative action." § 631.70, Fla. Stat. (2010). We agree with the insureds and reverse.

The insureds filed a two-count complaint against FIGA for breach of contract...

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