Florida Statutes
Fla. Stat. § 631.193 (2025)
Releases.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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631.193 Releases.—The filing of a claim constitutes a release of the insured from liability to the claimant to the extent of the coverage or policy limits provided by the insolvent insurer. The release is conditioned upon the cooperation of the insured with the receiver and the Florida Insurance Guaranty Association and any other guaranty association in defense of the claim. This release does not operate to discharge the Florida Insurance Guaranty Association or any other guaranty association from any of its responsibilities and duties set out in this chapter.
Notes of Decisions
Cited in 7
cases, 1987–2006 · leading case: Koken v. Reliance Ins., 893 A.2d 70 (Pa. 2006).
Koken v. Reliance Ins., 893 A.2d 70 (Pa. 2006). “” F.S.A. § 631.193. Mawson cites Ramos v. Jackson, 510 So.”
Rosen v. Florida Ins. Guar. Ass'n, 802 So. 2d 291 (Fla. 2001). “[6] Rosen asserts that Cope and its progeny are inapplicable because section 631.193, Florida Statutes (1997), provides an automatic release of the insured upon filing a claim with the receiver, while allowing a cause of action to be maintained against FIGA.”
Payroll Transfers Interstate v. Forshey, 694 So. 2d 80 (Fla. 1st DCA 1997). “PTI also asserts that it was an error on the merits to award benefits because the employer was released from liability to the claimant, pursuant to section 631.193, Florida Statutes (1995), by virtue of the claimant having filed a proof of claim in the receivership proceedings.”
In Re Intern. Forum of Fla. Health Ben. Tr., 607 So. 2d 432 (Fla. 1st DCA 1992). “As to issue X, the providers assert that the court had no authority under Section 631.193, Florida Statutes (1989), to release the employers and employees from further liability upon the filing of a claim by a provider with the receiver.”
Ramos v. Jackson, 510 So. 2d 1241 (Fla. 3d DCA 1987). “631, Florida Statutes (1985), the "Insurers Rehabilitation and Liquidation Act" governs foreign insolvent insurers with insureds in this state, and that once an election to seek relief under section 631.193, [2] Florida Statutes (1985) is made the insured is released, and…”
Queen v. Clearwater Elec., Inc., 555 So. 2d 1262 (Fla. 2d DCA 1990). “See § 631.193, Fla. Stat. (1983). Even the statutory release which results from the filing of a claim is only a release "to the extent of the coverage or policy limits provided by the insolvent insurer.”
Appeal of Actron Contractors Equip. v. South Broward Hosp. Dist., 607 So. 2d 432 (Fla. 1st DCA 1992). “As to issue X, the providers assert that the court had no authority under Section 631.193, Florida Statutes (1989), to release the employers and employees from further liability upon the filing of a claim by a provider with the receiver.”
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