222.18
Exempting disability income benefits from legal processes.
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222.18 Exempting disability income benefits from legal processes.—Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors of the recipient of such disability income benefits, unless such policy or contract of insurance was effected for the benefit of such creditor or creditors.
History.—s. 1, ch. 20741, 1941.
Notes of Decisions
Cited in 20
cases, 1976–2016 · leading case: Matter of Prestien
Matter of Prestien (1977)
“Section 222.18, which states that disability benefits shall not be liable to attachment, garnishment, or legal process in the state.”
Zuckerman v. HOFRICHTER & QUIAT, PA (1994)
“Zuckerman asserts that the district court's decision should be quashed since benefits paid pursuant to a disability insurance policy fall within the exemption delineated in section 222.18, Florida Statutes (1991), even when such benefits are paid in a lump sum and pursuant to a…”
Goldenberg v. Sawczak (2001)
“10154, § 1, Laws of Fla. (1925). [5] See ch. 78-76, § 1, Laws of Fla.”
In Re Ryzner (1997)
“Fla. Stat. § 222.18 (1995). In In re Prestien, 427 F.”
Arnold, Matheny, Pa v. First Am. Holdings (2008)
“(2007); disability income benefits, see § 222.18, Fla. Stat. (2007); firefighters pension benefits, see § 175.”
Grau v. Provident Life and Acc. Ins. Co. (2005)
“Grau could have claimed these policies as entirely exempt from his creditors under section 222.18, Florida Statutes (1998), but instead classified them as nonexempt as a showing of good faith to his creditors and to avoid the cost of potential litigation over the exemption.”
Chesley v. Woodard (In re Chesley) (2014)
“According to Chesley the “monetary assets” listed on the Amended Schedule C are exempt from creditors’ claims as “disability income benefits” pursuant to Fla. Stat. § 222.18 , 3 which states: Disability income benefits under any policy or contract of life, health, accident, or…”
Crotts v. Bankers & Shippers Ins. Co. (1985)
“The legal question involved the effect of section 222.18, Florida Statutes (1983), which exempts disability payments from legal process.”
In Re Dennison (1988)
“§ 222.18 which provides that: “Disability income benefits under any policy or contract of life, health, accident, or other insurance of whatever form, shall not in any case be liable to attachment, garnishment, or legal process in the state, in favor of any creditor or creditors…”
Gebhardt v. Chesley (In re Chesley) (2016)
“38 The Exemptions Dispute On January 9, 2013, some eighteen months after the Petition Date, Debtor filed an amended Schedule C asserting that all funds he had received from the Parts Depot settlement are exempt “disability income benefits” under § 222.18, Fla. Stat. The Chapter…”
Montes v. Mastec North America, Inc. (2014)
“…under federal law in such cases "may not be identical to the elements usually required under state law in Florida.” . § 222.18, Fla. Stat. (2001).”
In Re Wines (1990)
“The debtor relies on § 222.18, Florida Statutes. 3 However, the annuity in question does not appear to be one provided to the debtor on the basis of his disability, *790 although his ability to receive proceeds of the annuity earlier than his normal retirement age by virtue of…”
— 222.18(1) — 1 case
Castro v. Hidalgo (2012)
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