Florida Insurance Guaranty Association, Inc. v. Joanna Cantwell and James Cantwell
CourtDistrict Court of Appeal of Florida
Date FiledAugust 12, 2026
Docket4D2025-0042
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
FLORIDA INSURANCE GUARANTY ASSOCIATION, INC.,
Appellant,
v.
JOANNA CANTWELL and JAMES CANTWELL,
Appellees.
No. 4D2025-0042
[August 12, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Michael Allen Robinson, Judge; L.T. Case No.
062021CA011581AXXXCE.
Caryn L. Bellus, Bretton C. Albrecht, and Daniela Marrero of Kubicki
Draper, P.A., Miami, for appellant.
No appearance for appellees.
CONNER, J.
Florida Insurance Guaranty Association (“FIGA”) challenges a trial
court’s order denying FIGA’s motion to enforce settlement agreement and
granting appellees Joanna and James Cantwell’s (“the Insureds”) motion
to enforce settlement agreement and requiring FIGA to pay the full
settlement amount, including the portion allocated to attorneys’ fees.
FIGA asserts attorneys’ fees are not part of covered claims for which it is
obligated to pay. This case is governed by our recent decisions in Florida
Insurance Guaranty Association v. Hintz, 4D2025-0204, 51 Fla. L. Weekly
D1243a (Fla. 4th DCA June 17, 2026), and Florida Insurance Guaranty
Association v. Wilson, 4D2025-2032, 51 Fla. L. Weekly D1379b (Fla. 4th
DCA July 8, 2026). See also Fla. Ins. Guar. Ass’n v. Waterfire Restoration,
LLC, 427 So. 3d 996 (Fla. 4th DCA 2025); Fla. Ins. Guar. Ass’n v. Cadet,
431 So. 3d 276 (Fla. 4th DCA 2026); Petty v. Fla. Ins. Guar. Ass’n, 80 So.
3d 313 (Fla. 2012).
Here, the complaint sought attorneys’ fees, and the settlement
agreement and release provided that the payment was inclusive of
attorneys’ fees. The payment was divided into a portion going to the
Insureds and the other to the Insureds’ counsel. As with our previous
decisions, we agree the trial court erred and reverse with instructions to
vacate the order requiring FIGA to pay the entire settlement amount,
including the attorneys’ fees portion, and to enter an order granting FIGA’s
motion to enforce settlement.
Reversed and remanded with instructions.
CIKLIN, J., and BURTON, CHARLES E., Associate Judge, concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
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