In McCabe v. Florida Power and Light Company (4D10-1306), the "Plaintiff received the policy limits from his homeowner’s insurer and FIGA for his losses, as well as an additional $15,000 from FPL, totaling $296,900. He never signed a full release in favor of his insurance company, FIGA, or FPL for the loss. In this action, Plaintiff sought over $600,000 in itemized damages, executed an affidavit, and gave a deposition with regard thereto."
The court stated that "the insurer’s and FIGA’s satisfaction and releases do not bind Plaintiff even if FPL may be entitled to a collateral source set-off at some future point in the proceedings. An insurer and successor in interest may subrogate to the rights of its insured but subrogation 'is not available to an extent greater than the amount paid by the insurer, and then only after the insured has been fully indemnified'.”
Ultimately, the court held that:
(1) the circuit court erred in granting final summary judgment, as the amount of damages is a fact still in dispute; and (2) the insurer’s and FIGA’s (the Florida Insurance Guaranty Association) satisfaction and releases do not bind Plaintiff even if FPL may be entitled to a collateral source set-off at some future point in the proceedings.