The Florida Insurance Guarantee Association ("FIGA") is a state-run non-profit corporation that provides support to insurers who have become defunct and require additional funds to pay outstanding claims due to consumers. These support payments come from a pool of finances provided by a combined insurer fund.
Where does FIGA get its authorization?
Florida Statute §631.55 creates the association and provides what can be thought of as a mission statement about what the State hopes to do through this quasi-public corporation. This statute also discusses material requirements for an agreement to receive support from FIGA such as a promise of repayment on behalf of the insurer and freedom from liability of penalties or interest placed on the insurer. §631.55 also establishes the division of the association into two accounts.
This division found in §631.55 categorizes the accounts as follows:
(2) For the purposes of administration and assessment, the association shall be divided into two separate accounts:
(a) The auto liability and auto physical damage account.
(b) The account for all other insurance to which this part applies.
Depending on the type of insurance the insurer provides, this will determine which account will fund outstanding claim payments and what rules the insurer will be subject to.
Source:
-7 Fla. Prac., § 18:2
-Florida Statute §631.55
