Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding there was no \clearly expressed legislative intent\ for retroactive application where the statute was \silent as to its forward or backward reach\ and included an effective date
• stating that the “presumption against retroactive application is a well-established rule of statutory construction that is appropriate in the absence of an express statement of legislative intent . . . .”
• “The FIGA act is expressly designed to protect the insured, rather than the insurance industry.”
• “[T]he absence of a statement in the act that the amendments are inapplicable to existing contracts does not 8 constitute clear evidence of retroactive intent.”
• “We have noted that the Legislature’s inclusion of an effective date for an amendment is considered to be evidence rebutting intent for retroactive application of a law.”
• “We have noted that the Legislature’s inclusion of an effective date for an amendment is considered to be evidence rebutting intent for retroactive application of a law.”

Source: CourtListener parenthetical corpus (CC0).