Florida Statutes

Fla. Stat. § 631.54 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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631.54 Definitions.—As used in this part:

(1) “Account” means one of the accounts created by s. 631.55.

(2) “Assessment year” means the 12-month period, which may begin on the first day of any calendar quarter, whether January 1, April 1, July 1, or October 1, as specified in an order issued by the office directing insurers to pay an assessment to the association.

(3) “Association” means the Florida Insurance Guaranty Association, Incorporated.

(4) “Covered claim” means an unpaid claim, including one of unearned premiums, which arises out of, and is within the coverage, and not in excess of, the applicable limits of an insurance policy to which this part applies, issued by an insurer, if such insurer becomes an insolvent insurer and the claimant or insured is a resident of this state at the time of the insured event or the property from which the claim arises is permanently located in this state. For entities other than individuals, the residence of a claimant, insured, or policyholder is the state in which the entity’s principal place of business is located at the time of the insured event. The term does not include:

(a) Any amount due any reinsurer, insurer, insurance pool, or underwriting association, sought directly or indirectly through a third party, as subrogation, contribution, indemnification, or otherwise;

(b) Any claim that would otherwise be a covered claim under this part that has been rejected or denied by any other state guaranty fund based upon that state’s statutory exclusions, including, but not limited to, those based on coverage, policy type, or an insured’s net worth. Member insurers have no right of subrogation, contribution, indemnification, or otherwise, sought directly or indirectly through a third party, against the insured of any insolvent member; or

(c) Any amount payable for a sinkhole loss other than testing deemed appropriate by the association or payable for the actual repair of the loss, except that the association may not pay for attorney’s fees or public adjuster’s fees in connection with a sinkhole loss or pay the policyholder. The association may pay for actual repairs to the property but is not liable for amounts in excess of policy limits.

(5) “Direct written premiums” means direct gross premiums written in this state on insurance policies to which this part applies, less return premiums thereon on such direct business. The term does not include premiums on contracts between insurers or reinsurers.

(6) “Expenses in handling claims” means allocated and unallocated expenses, including, but not limited to, general administrative expenses and those expenses which relate to the investigation, adjustment, defense, or settlement of specific claims under, or arising out of, a specific policy.

(7) “Homeowner’s insurance” means personal lines residential property insurance coverage that consists of the type of coverage provided under homeowner’s, dwelling, and similar policies for repair or replacement of the insured structure and contents, which policies are written directly to the individual homeowner. Residential coverage for personal lines as set forth in this section includes policies that provide coverage for particular perils such as windstorm and hurricane coverage but excludes all coverage for mobile homes, renter’s insurance, or tenant’s coverage. The term “homeowner’s insurance” excludes commercial residential policies covering condominium associations or homeowners’ associations, which associations have a responsibility to provide insurance coverage on residential units within the association, and also excludes coverage for the common elements of a homeowners’ association.

(8) “Insolvent insurer” means a member insurer authorized to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction if such order has become final by the exhaustion of appellate review.

(9) “Member insurer” means any person who writes any kind of insurance to which this part applies under s. 631.52, including the exchange of reciprocal or interinsurance contracts, and is licensed to transact insurance in this state.

(10) “Person” means individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

History.—s. 5, ch. 70-20; ss. 2, 4, ch. 77-227; s. 1, ch. 79-55; s. 809(1st), ch. 82-243; s. 30, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 17, ch. 97-262; s. 15, ch. 2002-25; s. 1352, ch. 2003-261; s. 1, ch. 2004-89; s. 37, ch. 2004-374; s. 32, ch. 2006-12; s. 2, ch. 2010-49; s. 30, ch. 2011-39; s. 8, ch. 2011-226; s. 1, ch. 2015-65; s. 2, ch. 2020-54; s. 48, ch. 2021-51.

Notes of Decisions

Cited in 63 cases (6 in the last 5 years), 1974–2026 · leading case: Florida Ins. Guar. Ass'n v. Bernard, 140 So. 3d 1023 (Fla. 1st DCA 2014).

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Florida Ins. Guar. Ass'n v. Bernard, 140 So. 3d 1023 (Fla. 1st DCA 2014). · cites it 10× “§ 631.54(3), Fla. Stat. (2010). The definition was amended effective May 17, 2011, to add a new paragraph (c), which reads: (c) Any amount payable for a sinkhole loss other than testing deemed appropriate by the association or payable for the actual repair of the loss, except…”

Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005). · cites it 3× “" § 631.54(3), Fla. Stat. (1995). Further, FIGA is "obligated to the extent of the covered claims.”

Petty v. Florida Ins. Guar. Ass'n, 80 So. 3d 313 (Fla. 2012). · cites it 11× “See § 631.54(3), Fla. Stat. Her underlying insurance policy does not expressly provide coverage for her section 627.”

Florida Ins. Guar. Ass'n v. Devon Neighborhood Ass'n, 67 So. 3d 187 (Fla. 2011). · cites it 4× “2005); see § 631.54(3), Fla. Stat. (2010) (defining “covered claim”); § 631.”

Leandro de la Fuente v. Florida Ins. Guar. Ass'n, 202 So. 3d 396 (Fla. 2016). · cites it 10× “And as a result, they conclude that the 2009 statutory definition of “covered claim” in section 631.54, applies to their claim of sinkhole loss, and that the district court’s application of the 2011 statute, constituted an invalid retroactive application of the law.”

Florida Ins. Guar. Ass'n, Inc. v. Lustre, 163 So. 3d 624 (Fla. 2d DCA 2015). · cites it 15× “Third, appraisal was unavailable under the 2011 amendment to section 631.54(3), Florida Statutes. At the conclusion of the hearing, the trial court granted the Lustres' motion and entered an order compelling appraisal.”

Travelers Ins. Co. v. Sitko, 496 So. 2d 920 (Fla. 1st DCA 1986). · cites it 6× “The principal issue is whether the deputy commissioner had jurisdiction to determine whether Travelers is precluded by section 631.54(3), Florida Statutes (1983), from recovering any sums from FIGA.”

FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981). · cites it 10× “57(1), Florida Statutes, imposes the obligation upon FIGA to pay "covered claims," defined in Section 631.54(4) as claims arising out of insurance policies issued by an insolvent insurer.”

Florida Ins. Guar. Ass'n v. Branco, 148 So. 3d 488 (Fla. 5th DCA 2014). · cites it 2× “54(3)(c); having to pay more than the "covered losses,” under a particular version of section 631.54; having to pay attorney’s fees for which it is not liable; and so on.”

Zinke-smith, Inc. v. Fla. Ins. Guar. Ass'n, Inc., 304 So. 2d 507 (Fla. 4th DCA 1974). · cites it 5× “*509 But, appellee contends (and the trial court ruled) that because Zinke-Smith was a self-insurer under the Workmen's Compensation Act, the policy involved in this case was a policy of "reinsurance", and being a policy of reinsurance it could not qualify as "direct insurance",…”

Cordani v. Roulis, 395 So. 2d 1276 (Fla. 4th DCA 1981). · cites it 6× “We hold the solvent member has no such right and affirm. One William Cordani driving his father's car, insured by a solvent insurance company, was badly injured in a collision with a car driven by John Roulis who had only ,000 worth of coverage with his own insolvent carrier.”

Florida Ins. Guar. Ass'n, Inc. v. Mendoza & Llanes, 193 So. 3d 940 (Fla. 3d DCA 2016). · cites it 3× “• ; § 631.54(3), Fla. Stat. (2011). 7 . Obviously, the purpose of the stay is to ■allow FIGA to "get up to speed” on the claim, retain existing or new counsel, and determine whether the claim is a covered claim.”

Show all 63 citing cases →

— 631.54(3) — 38 cases

Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005). “" § 631.54(3), Fla. Stat. (1995). Further, FIGA is "obligated to the extent of the covered claims.”

Petty v. Florida Ins. Guar. Ass'n, 80 So. 3d 313 (Fla. 2012). “See § 631.54(3), Fla. Stat. Her underlying insurance policy does not expressly provide coverage for her section 627.”

Florida Ins. Guar. Ass'n v. Bernard, 140 So. 3d 1023 (Fla. 1st DCA 2014). “§ 631.54(3), Fla. Stat. (2010). The definition was amended effective May 17, 2011, to add a new paragraph (c), which reads: (c) Any amount payable for a sinkhole loss other than testing deemed appropriate by the association or payable for the actual repair of the loss, except…”

Leandro de la Fuente v. Florida Ins. Guar. Ass'n, 202 So. 3d 396 (Fla. 2016). “And as a result, they conclude that the 2009 statutory definition of “covered claim” in section 631.54, applies to their claim of sinkhole loss, and that the district court’s application of the 2011 statute, constituted an invalid retroactive application of the law.”

Florida Ins. Guar. Ass'n, Inc. v. Lustre, 163 So. 3d 624 (Fla. 2d DCA 2015). “Third, appraisal was unavailable under the 2011 amendment to section 631.54(3), Florida Statutes. At the conclusion of the hearing, the trial court granted the Lustres' motion and entered an order compelling appraisal.”

— 631.54(3)(c) — 8 cases

Florida Ins. Guar. Ass'n v. Branco, 148 So. 3d 488 (Fla. 5th DCA 2014). “54(3)(c); having to pay more than the "covered losses,” under a particular version of section 631.54; having to pay attorney’s fees for which it is not liable; and so on.”

Miller v. Florida Ins. Guar. Ass'n, Inc., 200 So. 3d 200 (Fla. 2d DCA 2016).

— 631.54(3)(e) — 3 cases

Florida Ins. Guar. Ass'n v. Hunnewell, 173 So. 3d 988 (Fla. 2d DCA 2015).

Miller v. Florida Ins. Guar. Ass'n, Inc., 200 So. 3d 200 (Fla. 2d DCA 2016).

Pupo v. Florida Ins. Guar. Ass'n, 218 So. 3d 999 (Fla. 2d DCA 2017).

— 631.54(4) — 18 cases

Zinke-smith, Inc. v. Fla. Ins. Guar. Ass'n, Inc., 304 So. 2d 507 (Fla. 4th DCA 1974). “*509 But, appellee contends (and the trial court ruled) that because Zinke-Smith was a self-insurer under the Workmen's Compensation Act, the policy involved in this case was a policy of "reinsurance", and being a policy of reinsurance it could not qualify as "direct insurance",…”

Cordani v. Roulis, 395 So. 2d 1276 (Fla. 4th DCA 1981). “We hold the solvent member has no such right and affirm. One William Cordani driving his father's car, insured by a solvent insurance company, was badly injured in a collision with a car driven by John Roulis who had only ,000 worth of coverage with his own insolvent carrier.”

Fla. Ins. Guar. Ass'n v. Price, 450 So. 2d 596 (Fla. 2d DCA 1984).

Fernandez v. Florida Ins. Guar. Ass'n, 383 So. 2d 974 (Fla. 3d DCA 1980).

Florida Ins. Guar. Ass'n v. Gustinger, 390 So. 2d 420 (Fla. 3d DCA 1980).

— 631.54(5) — 5 cases

Florida Ins. Guar. Ass'n v. Devon Neighborhood Ass'n, 67 So. 3d 187 (Fla. 2011). “2005); see § 631.54(3), Fla. Stat. (2010) (defining “covered claim”); § 631.”

FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981). “57(1), Florida Statutes, imposes the obligation upon FIGA to pay "covered claims," defined in Section 631.54(4) as claims arising out of insurance policies issued by an insolvent insurer.”

Johnson v. Gov't Employees Ins. Co., 333 So. 2d 542 (Fla. 3d DCA 1976).

Bd. of Cnty. Comm'rs v. Sawyer, 620 So. 2d 757 (Fla. 1993).

Florida Ins. Guar. Ass'n, Inc. v. Dolan, 355 So. 2d 141 (Fla. 1st DCA 1978).

— 631.54(6) — 3 cases

Florida Ins. Guar. Ass'n v. Karelas, 106 So. 3d 1 (Fla. 3d DCA 2012).

— 631.54(7) — 1 case

Florida Ins. Guar. Ass'n v. Karelas, 106 So. 3d 1 (Fla. 3d DCA 2012).

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