The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.61

631.61 Nonduplication of recovery.—

(1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer which is also a covered claim, shall not be required to exhaust first her or his rights under such a policy. Any amount payable on a covered claim under this part shall be reduced by the amount of any recovery under such insurance policy.

(2) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, the person shall seek recovery first from the association of the location of the property, and if it is a workers’ compensation plan, the person shall seek recovery first from the association of the residence of the claimant. Any recovery under this part shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

History.—s. 12, ch. 70-20; s. 119, ch. 79-40; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 413, ch. 97-102.

F.S. 631.61 on Google Scholar

F.S. 631.61 on Casetext

Amendments to 631.61

Arrestable Offenses / Crimes under Fla. Stat. 631.61

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.61.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SALISBURY v. CHESTNUT OFFICE EQUIPMENT COMPANY, INC., 28 Fla. Supp. 2d 52 (Fla. Cir. Ct. 1988)

. . . is entitled to the set off due to the “non-duplication of recovery” provisions set forth in Section 631.61 . . . 440.39(3)(a), Florida Statutes (1987), that the “non-duplication of recovery” provisions of Section 631.61 . . . In that case, the “non-duplication of recovery” provisions of Section 631.61 were not discussed. . . . The provisions of Section 631.61 speaks directly to this occurrence and requires the reduction of recovery . . . subsequent incidents starting in October of 1985 and the Judgment shall be adjusted in keeping with Section 631.61 . . .

GUARDIAN DETECTIVE SECURITY AGENCY v. SCHREYER,, 489 So. 2d 1186 (Fla. Dist. Ct. App. 1986)

. . . Pursuant to section 631.61, Florida Statutes (1985), any amount payable on this claim shall be reduced . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. GIORDANO,, 485 So. 2d 453 (Fla. Dist. Ct. App. 1986)

. . . rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent. 631.61 . . . has an insurance guaranty association also, the plaintiff and the insured were directed by section 631.61 . . .