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Florida Statute 631.68 | Lawyer Caselaw & Research
F.S. 631.68 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 631.68

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT
View Entire Chapter
F.S. 631.68
631.68 Limitation; certain actions.A covered claim as defined herein with respect to which settlement is not effected and suit is not instituted against the insured of an insolvent insurer or the association within 1 year after the deadline for filing claims, or any extension thereof, with the receiver of the insolvent insurer shall thenceforth be barred as a claim against the association and the insured.
History.s. 19, ch. 71-970; s. 6, ch. 77-227; s. 809(1st), ch. 82-243; s. 33, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

F.S. 631.68 on Google Scholar

F.S. 631.68 on Casetext

Amendments to 631.68


Arrestable Offenses / Crimes under Fla. Stat. 631.68
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.68.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GONZALEZ v. HOMEWISE PREFERRED INSURANCE COMPANY, 210 So. 3d 260 (Fla. Dist. Ct. App. 2017)

. . . that the deadline for filing suit against it was the one-year statutory period set forth in section 631.68 . . . The trial court granted FIGA’s motion to dismiss, interpreting section 631.68 to require that when FIGA . . . the trial court erred in granting FIGA’s motion to dismiss for lack of jurisdiction because section 631.68 . . . We therefore must conclude that the reliance by FIGA and the trial court on section 631.68 as a bar to . . . The court therefore concluded that “[s]ection 631.68 bars suits that have not yet been filed (in other . . .

MORRISON, v. HOMEWISE PREFERRED INSURANCE COMPANY, 209 So. 3d 682 (Fla. Dist. Ct. App. 2017)

. . . (“FIGA”), and contains a statute of limitations found in section 631.68, Florida Statutes (2011). . . . FIGA as a defendant in her pending lawsuit, the time limitation provided in sections 95.11(5)(d) and 631.68 . . . Clearwater Elec., Inc., 555 So.2d 1262, 1265 (Fla. 2d DCA 1990) (citing §§ 631.68, 95.11(5)(d), Fla. . . . Mendoza, 193 So.3d 940, 944 (Fla. 3d DCA 2016) (“Section 631.68 bars suits that, have not yet been filed . . . Moreover, section 631.68 should not be read in isolation from the stay provisions of the FIGA Act. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. MENDOZA, 193 So. 3d 940 (Fla. Dist. Ct. App. 2016)

. . . Section 631.68 bars suits that have not yet been filed (in other words, non-pending lawsuits) from being . . . FIGA’s interpretation of section 631.68 would impair those specific statutes that address pending cases . . . Also, FIGA’s proposed interpretation of section 631.68 would treat first-party claimants fundamentally . . . Section 631.68 must be read in harmony with section 631.67, and all other related provisions of chapter . . . Against this backdrop, we conclude that the limitations period in section -.631.68. is inapplicable to . . .

BETANCOURT v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 153 So. 3d 936 (Fla. Dist. Ct. App. 2014)

. . . Because the action is time barred under sections 95.11(5)(d) and 631.68, Florida Statutes (2009), we . . . Homeowners’ lawsuit was barred by the one-year statutes of limitation set forth in sections >95.11(5)(d) and 631.68 . . . Section 631.68 provides as follows: A covered claim as defined herein with respect to which settlement . . . Jones, 802 So.2d 483, 483 (Fla. 3d DCA 2001) (citing section 631.68 and stating that a declaratory action . . . Finally, we observe that the one-year statutes of limitations contained in sections 95.11(5)(d) and 631.68 . . .

FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE, v. R. D. MOODY ASSOCIATES, INC., 391 F. Supp. 2d 1228 (M.D. Ga. 2005)

. . . In 1983 the legislature added the phrase ‘and the insured’ to section 631.68, thereby extending the one-year . . .

JONES, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 908 So. 2d 435 (Fla. 2005)

. . . See § 631.68, Fla. Stat. (1995). . . . Stat. (1995); § 631.68, Fla. Stat. (1995). . . . See § 631.68, Fla. Stat. (1995). . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. JONES, As d b a, 847 So. 2d 1020 (Fla. Dist. Ct. App. 2003)

. . . See §§ 631.57, 631.66, 631.68, 95.11(5)(d), Fla. Stat. (1995). . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. JONES,, 802 So. 2d 483 (Fla. Dist. Ct. App. 2001)

. . . See § 631.68 Fla. Stat. (1996). FIGA appeals. . . . See § 631.68, Fla. Stat. (1996); Queen v. . . . The suit is barred by section 631.68. . . .

MAXWELL, v. ALLISON CONSTRUCTION COMPANY, INC., 720 So. 2d 1134 (Fla. Dist. Ct. App. 1998)

. . . Stat. (1995); § 631.68, Fla. Stát. (1995); Miller v. . . .

RUBENSTEIN, v. SALDARIAGGA,, 699 So. 2d 754 (Fla. Dist. Ct. App. 1997)

. . . Appellant concedes that sections 631.68 and 95.11(5)(d), Florida Statutes (1995), bar her claim to the . . .

W. SNYDER, W. P. A. a v. H. DOUGLAS, a k a B. Jr. B. III,, 647 So. 2d 275 (Fla. Dist. Ct. App. 1994)

. . . Roof Co., 573 So.2d 334 (Fla.1991), one of the issues confronted by the court was whether section 631.68 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. J. GARCIA,, 614 So. 2d 684 (Fla. Dist. Ct. App. 1993)

. . . filed on behalf of FIGA raised the one year statute of limitations provided in sections 95.11(5)(d) and 631.68 . . . insolvent insurer shall thenceforth be barred as a claim against the association and the insured. § 631.68 . . .

THE FLORIDA BAR, v. P. WHITAKER,, 596 So. 2d 672 (Fla. 1992)

. . . See §§ 95.11(5)(d), 631.68, Fla.Stat. (1985). . . .

MILLER, v. PAGODIN, A- A-, 591 So. 2d 677 (Fla. Dist. Ct. App. 1992)

. . . the statute of limitations ran one year after the published deadline under sections 95.11(5)(d), and 631.68 . . . the Florida Supreme Court has specifically upheld the constitutionality of sections 95.11(5)(d) and 631.68 . . .

WEBB v. CHAMBLY, Jr., 584 So. 2d 216 (Fla. Dist. Ct. App. 1991)

. . . within one year after the deadline for filing claims with FIGA, as required by sections 95.11(5)(d) and 631.68 . . .

DUVALL v. WHITE NOZZLE NOLEN, INC., 49 Fla. Supp. 2d 171 (Fla. Cir. Ct. 1991)

. . . Under section 631.68, Florida Statutes (1989) Plaintiffs deadline for instituting suit against Defendant . . . examiner Ralph Rhodes wrote to Plaintiffs attorneys and advised them as follows: Under Florida Statute 631.68 . . .

BLIZZARD, v. W. H. ROOF CO. INC., 573 So. 2d 334 (Fla. 1991)

. . . In 1983 the legislature added the phrase “and the insured” to section 631.68, thereby extending the one-year . . .

VERNICK v. BENNETT, Jr., 558 So. 2d 541 (Fla. Dist. Ct. App. 1990)

. . . question to the Supreme Court of Florida as one of great public importance: DO SECTIONS 95.11(5)(d) AND 631.68 . . .

BLIZZARD, a By BLIZZARD v. W. H. ROOF CO. INC. a, 556 So. 2d 1237 (Fla. Dist. Ct. App. 1990)

. . . The issue on appeal is the constitutionality of sections 95.11(5)(d) and 631.68, Florida Statutes (1987 . . . Section 631.68 provides that a claim covered by Florida Insurance Guaranty Association (FIGA), in regard . . . In the instant case, sections 95.11(5)(d) and 631.68 represent a reasonable restriction on Blizzard’s . . .

QUEEN, v. CLEARWATER ELECTRIC, INC., 555 So. 2d 1262 (Fla. Dist. Ct. App. 1989)

. . . Queen’s complaint and raised the one-year limitations period contained in sections 95.11(5)(d) and 631.68 . . . Section 631.68, Florida Statutes (1983) provides: Limitation; certain actions. — A covered claim as defined . . . Subsection (d) was added to section 95.-11(5) in conjunction with a 1983 amendment to section 631.68, . . . Previously, section 631.68 had established a one-year limitations. period only upon claims filed against . . . In those few instances, the term and as it is used in sections 95.11(5)(d) and 631.68 could be given . . .

MONTANO, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 535 So. 2d 658 (Fla. Dist. Ct. App. 1988)

. . . We affirm based on a holding that (a) the claim was time barred under Sections 95.11(5)(d), 631.68, Florida . . .

RIVERA, a De v. SOUTH CAROLINA INSURANCE COMPANY, a, 348 So. 2d 678 (Fla. Dist. Ct. App. 1977)

. . . See: Sections 631.50631.68, Florida Statutes (1975). . . .