This Week in Coverage – January 20, 2012

Storfer v. Guar. Trust Life Ins. Co., (11th Cir. 2012) – Insured under a home health care policy was entitled to custodial care payments for care rendered by an assisted living home, where he resided. The fact that care expenses and room and board were not separated did not bar recovery, because there was a reasonable basis for the expenses awarded.

Petty et al. v. Fla. Ins. Guar. Ass’n, (Fla. 2012) – Insured homeowner won a judgment against insurer for attorney’s fees under section 627.428. Insurer became insolvent before the fee award could be collected, and insured sought to enforce the judgment against FIGA. The court held for FIGA because the fee award was not within the coverage of the insured’s policy, and was therefore not a covered claim FIGA must pay under section 631.54(3).

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