Now that Magnolia is in Liquidation, who will adjust claims?
In liquidation, the Florida Insurance Guaranty Association ("FIGA") is activated to help pay outstanding claims. The claims process will continue with the adjusting being performed by representatives from FIGA.
What is the Florida Insurance Guaranty Association?
The Florida Insurance Guaranty Association (“FIGA”) is a nonprofit corporation statutorily created to provide a mechanism for the payment of claims when an insurance company is ordered liquidated.
How do I file a new claim for a loss incurred on or prior to May 30, 2010?
FIGA is processing new covered claims. In order to file a new claim, you should contact FIGA at:
Florida Insurance Guaranty Association
P O Box 14249
Tallahassee, Florida 32317
Hours of Operation are Monday - Friday from 8:00 A.M. – 5:00 P.M.
What is the status of my current pending claim?
All claims previously filed with Magnolia will now be processed by FIGA. If you need to check on the status of your pending claim, you should contact FIGA at #800-988-1450.
Does FIGA have limits on the covered claims they process and pay?
The processing and payment of pending covered claims will be made by FIGA (subject to the lesser of policy limits or FIGA’s maximum cap). The maximum amount FIGA will cover is $300,000 with special limits applying to (1) damages to structure and contents on homeowners claims and (2) on condominium and homeowners association claims. For damages to structure and contents on homeowners claims the FIGA cap is an additional $200,000. For condominium and homeowners’ association claims, the cap will be $100,000 multiplied by the number of units in the association. No claim will be paid in excess of this cap. All claims are subject to a $100 deductible over and above any deductible identified in your policy. You may file a claim in the estate of the insurance company for the $100 deductible, for refunds less than $100 and for amounts over the cap. The Receiver will send proof of claim forms and instructions for filing a claim.
What is a covered claim?
A covered claim is defined by Section 631.54, Florida Statutes, and means "an unpaid claim, including one of unearned premium, which arises out of, and is within the coverage, and is not in excess of the applicable limits of an insurance policy..."
If my home is uninhabitable, will FIGA pay for another place for me to live?
If your dwelling is damaged due to a loss covered under your policy and you must move due to the uninhabitable condition of the dwelling, or if a civil authority prevents access to the dwelling, the Additional Living Expense (ALE) provision of your homeowners policy may pay reasonable additional expenses. Your policy defines this coverage.
Are disaster evacuation expenses covered by FIGA?
Your policy defines what is covered. Generally, voluntary evacuation expenses will not be covered by your insurance policy, and only under certain conditions will mandatory evacuation expenses be covered.
Is the Condominium Association’s loss assessment for the disaster claim covered under my Magnolia Insurance policy?
Since policies vary you should review your coverage with your agent. Generally, condominium associations may assess individual units for damage to common areas, which aren’t covered by the association’s policy. Your unit owners policy may provide limited coverage.
There is a lawsuit being brought against me. What should I do?
You should contact FIGA immediately at #800-988-1450 (toll-free). FIGA will determine if you are entitled to receive legal defense just as your insurance company would have done if it were still solvent.
I am scheduled to attend mediation through the Florida Department of Financial Services Mediation Program. Will I still be able to go to mediation?
Yes. FIGA will continue to handle scheduled mediations.
I went to mediation through the Florida Department of Financial Services Mediation Program and my insurer and I entered into a settlement agreement. Is the agreement still binding?
Yes. FIGA will continue to process mediation settlements subject to the $100 statutory deductible.
Is it too late to request mediation through the Florida Department of Financial Services Mediation Program on a prior hurricane claim?
No. You still qualify.
What is the deadline for settling a claim with FIGA?
Per Section 631.68, Florida Statutes, the deadline for settling a claim or filing suit against FIGA is one year after the Receiver’s claim filing deadline which for the Magnolia receivership is May 2, 2011. Therefore the established date for settling a claim with FIGA is May 2, 2012.
After the FIGA claim filing deadline, will FIGA continue to settle loss claims that were filed on or before the May 2, 2012 deadline?
No. Due to the statute of limitations, all claims must be settled by May 2, 2012 unless a suit has been filed against FIGA.
Can I submit a new loss claim with FIGA after the May 2, 2012 deadline?
Any claim not settled or in litigation by May 2, 2012 will not be considered by FIGA. However, you may still submit a new claim after May 2, 2012 for recording purposes. You will need to take steps to complete any needed repairs in order to mitigate your damages.
After May 2, 2012, a claim may be filed with FIGA who will notify the Receiver. The Receiver will provide a proof of claim form. All submitted proof of claim forms should include supporting documentation such as invoices and cancelled checks to verify the amount reported on the proof of claim form. However any claim filed with the Receiver after its May 2, 2011 claim filing deadline will be considered “late-filed” and will receive a lower claim classification.
How do I request a proof of claim form from the Receiver?
When you initially file a claim with FIGA, the Receiver is notified and they will automatically send you a proof of claim form within the normal processes. If it has been two weeks since you filed your claim with FIGA and you have still not received a proof of claim form, you may request one from the Receiver using the “Contact Us” form on the Receiver’s website or by calling the Receiver at #850-413-3081 (toll free to Florida residents by calling #800-882-3054).