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Florida Statute 631.57 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT
View Entire Chapter
F.S. 631.57
1631.57 Powers and duties of the association.
(1) The association shall:
(a)1. Be obligated to the extent of the covered claims existing:
a. Prior to adjudication of insolvency and arising within 30 days after the determination of insolvency;
b. Before the policy expiration date if less than 30 days after the determination; or
c. Before the insured replaces the policy or causes its cancellation, if she or he does so within 30 days of the determination.
2. The obligation under subparagraph 1. includes the amount of each covered claim which is less than $300,000, except that policies providing coverage for homeowner’s insurance must provide for an additional $200,000 for the portion of a covered claim which relates only to the damage to the structure and contents.
3.a. Notwithstanding subparagraph 2., the obligation under subparagraph 1. for policies covering condominium associations or homeowners’ associations, which associations have a responsibility to provide insurance coverage on residential units within the association, includes that amount of each covered property insurance claim which is less than $200,000 multiplied by the number of condominium units or other residential units; however, as to homeowners’ associations, this sub-subparagraph applies only to claims for damage or loss to residential units and structures attached to residential units.
b. Notwithstanding sub-subparagraph a., the association has no obligation to pay covered claims that are to be paid from the proceeds of bonds issued under s. 631.695. However, the association shall assign and pledge the first available moneys from all or part of the assessments to be made under paragraph (3)(a) to or on behalf of the issuer of such bonds for the benefit of the holders of such bonds. The association shall administer any such covered claims and present valid covered claims for payment in accordance with the provisions of the assistance program in connection with which such bonds have been issued.
4. The association may not be obligated to a policyholder or claimant in an amount in excess of the obligation of the insolvent insurer under the policy from which the claim arises.
(b) Be deemed the insurer to the extent of its obligation on the covered claims, and, to such extent, shall have all rights, duties, defenses, and obligations of the insolvent insurer as if the insurer had not become insolvent. In no event shall the association be liable for any penalties or interest.
(2) The association may:
(a) Employ or retain such persons as are necessary to handle claims and perform other duties of the association;
(b) Borrow funds necessary to effect the purposes of this part in accord with the plan of operation;
(c) Sue or be sued, provided that service of process shall be made upon the person registered with the department as agent for the receipt of service of process; and
(d) Negotiate and become a party to such contracts as are necessary to carry out the purpose of this part. Additionally, the association may enter into such contracts with a municipality, a county, or a legal entity created pursuant to s. 163.01(7)(g) as are necessary in order for the municipality, county, or legal entity to issue bonds under s. 631.695. In connection with the issuance of any such bonds and the entering into of any such necessary contracts, the association may agree to such terms and conditions as the association deems necessary and proper.
(3)(a) To the extent necessary to secure funds for the respective accounts for the payment of covered claims, to pay the reasonable costs to administer such accounts, and to secure funds for the account specified in s. 631.55(2)(b) or to retire indebtedness, including, without limitation, the principal, redemption premium, if any, and interest on, and related costs of issuance of, bonds issued under s. 631.695 and the funding of reserves and other payments required under the bond resolution or trust indenture pursuant to which such bonds have been issued, the office, upon certification of the board of directors, shall levy assessments in accordance with subparagraph (f)1. or subparagraph (f)2. Assessments shall be remitted to and administered by the board of directors in the manner specified by the approved plan and paragraph (f). Every assessment shall be a uniform percentage. The assessments levied against any insurer may not exceed in any one calendar year more than 2 percent of that insurer’s direct written premiums in this state for the kinds of insurance included within such account.
(b) If sufficient funds from such assessments, together with funds previously raised, are not available in any one year in the respective account to make all the payments or reimbursements then owing to insurers, the funds available shall be prorated and the unpaid portion paid as soon as funds become available.
(c) The Legislature finds and declares that all assessments paid by an insurer or insurer group as a result of a levy by the office, including assessments levied pursuant to paragraph (a) and emergency assessments levied pursuant to paragraph (e), constitute advances of funds from the insurer to the association. An insurer may fully recoup such advances by applying the uniform assessment percentage levied by the office to all policies of the same kind or line as were considered by the office in determining the assessment liability of the insurer or insurer group as set forth in paragraph (f). An insurer remitting an assessment to the association as required by subparagraph (f)1. or subparagraph (f)2. may elect to not recoup advances.
1. Assessments levied under subparagraph (f)1. are paid before policy surcharges are collected and result in a receivable for policy surcharges collected in the future. This amount, to the extent it is likely that it will be realized, meets the definition of an admissible asset as specified in the National Association of Insurance Commissioners’ Statement of Statutory Accounting Principles No. 4. The asset shall be established and recorded separately from the liability regardless of whether it is based on a retrospective or prospective premium-based assessment. If an insurer is unable to fully recoup the amount of the assessment because of a reduction in writings or withdrawal from the market, the amount recorded as an asset shall be reduced to the amount reasonably expected to be recouped. If an insurer elects not to recoup advances, the amount recorded as an asset shall be reduced to zero.
2. Assessments levied under subparagraph (f)2. are paid after policy surcharges are collected so that the recognition of assets is based on actual premium written offset by the obligation to the association. If an insurer elects not to recoup advances, the amount recorded as an asset shall be reduced to zero.
(d) State funds may not be allocated or paid to the association or any of its accounts.
(e)1. In addition to assessments authorized in paragraph (a), and to the extent necessary to secure the funds for the account specified in s. 631.55(2)(b) for the direct payment of covered claims of insurers rendered insolvent by the effects of a hurricane and to pay the reasonable costs to administer such claims, or to retire indebtedness, including, without limitation, the principal, redemption premium, if any, and interest on, and related costs of issuance of, bonds issued under s. 631.695 and the funding of any reserves and other payments required under the bond resolution or trust indenture pursuant to which such bonds have been issued, the office, upon certification of the board of directors, shall levy emergency assessments upon insurers holding a certificate of authority. The emergency assessments levied against any insurer may not exceed in any one calendar year more than 4 percent of that insurer’s written premiums in this state for the kinds of insurance within the account specified in s. 631.55(2)(b).
2. Emergency assessments authorized under this paragraph shall be levied by the office upon insurers in accordance with paragraph (f), upon certification as to the need for such assessments by the board of directors. If the board participates in the issuance of bonds in accordance with s. 631.695, emergency assessments shall be levied in each year that bonds issued under s. 631.695 and secured by such emergency assessments are outstanding in amounts up to such 4 percent limit as required in order to provide for the full and timely payment of the principal of, redemption premium, if any, and interest on, and related costs of issuance of, such bonds. The emergency assessments are assigned and pledged to the municipality, county, or legal entity issuing bonds under s. 631.695 for the benefit of the holders of such bonds in order to provide for the payment of the principal of, redemption premium, if any, and interest on such bonds, the cost of issuance of such bonds, and the funding of any reserves and other payments required under the bond resolution or trust indenture pursuant to which such bonds have been issued, without further action by the association, the office, or any other party. If bonds are issued under s. 631.695 and the association determines to secure such bonds by a pledge of revenues received from the emergency assessments, such bonds, upon such pledge of revenues, shall be secured by and payable from the proceeds of such emergency assessments, and the proceeds of emergency assessments levied under this paragraph shall be remitted directly to and administered by the trustee or custodian appointed for such bonds.
3. Emergency assessments used to defease bonds issued under this part may be payable in a single payment or, at the option of the association, may be payable in quarterly installments, with the first installment being due and payable at the end of the month after an emergency assessment is levied and subsequent installments being due by the end of each succeeding month.
4. If emergency assessments are imposed, the report required by s. 631.695(7) must include an analysis of the revenues generated from the emergency assessments imposed under this paragraph.
5. If emergency assessments are imposed, the references in sub-subparagraph (1)(a)3.b. and s. 631.695(2) and (7) to assessments levied under paragraph (a) must include emergency assessments imposed under this paragraph.
6. If the board of directors participates in the issuance of bonds in accordance with s. 631.695, an annual assessment under this paragraph shall continue while the bonds issued with respect to which the assessment was imposed are outstanding, including any bonds the proceeds of which were used to refund bonds issued pursuant to s. 631.695, unless adequate provision has been made for the payment of the bonds in the documents authorizing the issuance of such bonds.
(f)1. The association, office, and insurers remitting assessments pursuant to paragraph (a) or paragraph (e) must comply with the following:
a. In the order levying an assessment, the office shall specify the actual percentage amount to be advanced to the association and thereafter collected uniformly from all the policyholders of insurers subject to the assessment and the date on which the assessment year begins, which may not begin before 90 days after the association board certifies such an assessment.
b. Insurers shall make an initial payment to the association before the beginning of the assessment year on or before the date specified in the order of the office. Each insurer shall have at least 30 days’ written notice as to the date on which the initial assessment payment is due and payable. The association may request that the order issued by the office authorize insurers to remit the advance payments in quarterly installments.
c. Insurers that have written insurance in the calendar year before the year in which the assessment is certified by the board shall make payments based on the direct written premium in this state for the classes protected by the account from the previous calendar year as set forth in the insurer’s annual statement, multiplied by the uniform percentage of premium specified in the order issued by the office. Insurers that have not written insurance in the previous calendar year in any of the lines under the account which are being assessed, but which are writing insurance as of, or after, the date the board certifies the assessment to the office, shall pay an amount based on a good faith estimate of the amount of direct written premium anticipated to be written in the subject lines of business for the assessment year, multiplied by the uniform percentage of premium specified in the order issued by the office.
d. Insurers shall file one or more reconciliation reports with the association which indicate the amount of payment to the association, whether such amount was based on direct written premium contained in a previous calendar year annual statement or a good faith projection, the amount actually collected during the assessment year, and such other information contained on a form and schedule adopted by the association and provided to the insurers in advance. If the insurer collected from policyholders more surcharges than the amount initially paid, the insurer shall pay the excess amount to the association. If the insurer collected surcharges from policyholders in an amount that is less than the amount initially paid to the association, the association shall credit the insurer that amount against future assessments. Such payment reconciliation report, and any payment of excess amounts collected from policyholders, shall be completed and remitted to the association within 90 days after the end of the assessment year. The association shall send a final reconciliation report on all insurers to the office within 120 days after each assessment year.
e. Insurers remitting reconciliation reports under this paragraph to the association are subject to s. 626.9541(1)(e).
2. For assessments required under paragraph (a) or paragraph (e), the association may use a quarterly installment method instead of the method described in sub-subparagraphs 1.b. and c. or in combination thereof based on the association’s projected cash flow. If the association projects that it has cash on hand for the payment of anticipated claims in the applicable account for at least 6 months, the board may make an estimate of the assessment needed and may recommend to the office the assessment percentage that may be collected as a quarterly assessment. The office may, in the order levying the assessment on insurers, specify that the assessment is due and payable quarterly as the funds are collected from insureds throughout the assessment year, in which case the assessment shall be a uniform percentage of premium collected during the assessment year and shall be collected from all policyholders with policies in the classes protected by the account.
a. All insurers shall pay the assessment to the association without regard to whether the insurers reported premium in the year preceding the assessment.
b. Insurers are not required to advance funds if the association and the office elect to use the quarterly installment option.
c. An insurer that elects not to recoup the assessment shall make quarterly payments to the association equal to the amount of premium written in the previous quarter for the classes protected by the account, multiplied by the uniform percentage of premium specified in the order issued by the office.
d. All funds paid to the association shall be retained by the association for the payment of current or future claims.
e. Insurers shall file one or more reconciliation reports with the association which indicate the amount actually collected during the assessment year, and such other information contained on a form and schedule adopted by the association and provided to the insurers in advance.

This subparagraph does not alter the obligation of an insurer to remit assessments levied pursuant to this subsection to the association.

(g) Insurers shall treat the failure of an insured to pay a surcharge as a failure to pay the premium.
(h) Assessments levied under this subsection are levied upon insurers. This subsection does not create a cause of action by a policyholder with respect to the levying of, or a policyholder’s duty to pay, such assessments and related surcharges.
(i) Assessments levied under this subsection are not premium and are not subject to the premium tax, to any fees, or to any commissions. An insurer is liable for any surcharges that the insurer collects and is not liable for uncollectible surcharges.
(4) The office may exempt or temporarily defer any insurer from any regular or emergency assessment if the office finds that the insurer is impaired or insolvent or if an assessment would result in such insurer’s financial statement reflecting an amount of capital or surplus less than the sum of the minimum amount required by any jurisdiction in which the insurer is authorized to transact insurance.
(5) Any necessary and proper expenses incurred by an insurer in the investigation, adjustment, compromise, settlement, denial, or handling of claims assigned to it shall, upon proper verification under the rules of the association, entitle the insurer to reimbursement. Any insurer whose employee serves on the staff of the association may set off from its assessment any necessary and proper expenses incurred by the insurer resulting from said service of its employee. An insurer which ceases to engage in the business of writing property or casualty insurance policies in this state shall have no right to a refund of any assessment previously remitted.
(6) The association may extend the time limits specified in paragraph (1)(a) by up to an additional 60 days if the board determines it is necessary to facilitate the bulk assumption of obligations.
History.s. 8, ch. 70-20; s. 1, ch. 70-439; s. 3, ch. 77-227; s. 118, ch. 79-40; s. 809(1st), ch. 82-243; s. 9, ch. 85-339; s. 5, ch. 87-350; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 5, ch. 92-345; s. 6, ch. 93-401; s. 411, ch. 97-102; s. 19, ch. 97-262; s. 47, ch. 99-3; s. 16, ch. 2002-25; s. 1355, ch. 2003-261; s. 128, ch. 2004-5; s. 34, ch. 2006-12; s. 35, ch. 2007-1; s. 22, ch. 2007-90; s. 4, ch. 2010-49; s. 2, ch. 2015-65; s. 3, ch. 2020-54; s. 1, ch. 2020-155; s. 20, ch. 2021-104; s. 2, ch. 2022-139.
1Note.Section 36, ch. 2006-12, provides that “[n]o provision of s. 631.57 or s. 631.695, Florida Statutes, shall be repealed until such time as the principal, redemption premium, if any, and interest on all bonds issued under s. 631.695, Florida Statutes, payable and secured from assessments levied under s. 631.57(3)(a), Florida Statutes, have been paid in full or adequate provision for such payment has been made in accordance with the bond resolution or trust indenture pursuant to which the bonds were issued.”

F.S. 631.57 on Google Scholar

F.S. 631.57 on CourtListener

Amendments to 631.57


Annotations, Discussions, Cases:

Cases Citing Statute 631.57

Total Results: 65

Jones v. Florida Ins. Guar. Ass'n, Inc.

908 So. 2d 435, 2005 WL 1580606

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724747

Cited 103 times | Published

comparative negligence provision), as limited by section 631.57. Pursuant to an agreed order, FIGA withdrew

Florida Insurance Guaranty Ass'n v. Devon Neighborhood Ass'n

67 So. 3d 187, 36 Fla. L. Weekly Supp. 311, 2011 Fla. LEXIS 1526, 2011 WL 2566399

Supreme Court of Florida | Filed: Jun 30, 2011 | Docket: 434989

Cited 48 times | Published

Fla. Stat. (2010) (defining "covered claim"); § 631.57, Fla. *190 Stat. (2010) (stating scope of FIGA's

Zinke-Smith, Inc. v. FLA. INSURANCE GUAR. ASS'N, INC.

304 So. 2d 507

District Court of Appeal of Florida | Filed: Dec 13, 1974 | Docket: 1437907

Cited 26 times | Published

holding we must have overlooked the provisions of Section 631.57(1)(b), F.S. which read as follows: "631.57

Georgia Insurers Insol. Pool v. Brewer

602 So. 2d 1264, 17 Fla. L. Weekly Supp. 370, 1992 Fla. LEXIS 1170, 1992 WL 140995

Supreme Court of Florida | Filed: Jun 25, 1992 | Docket: 1694044

Cited 20 times | Published

multiple survivors have only a single claim under section 631.57, Florida Statutes (1991). Florida Ins. Guar

Carrousel Concessions v. Florida Ins. Guar.

483 So. 2d 513, 11 Fla. L. Weekly 489

District Court of Appeal of Florida | Filed: Feb 19, 1986 | Docket: 455649

Cited 18 times | Published

became insolvent, and FIGA, in accordance with section 631.57, Florida Statutes (1977), assumed Consolidated's

Florida Ins. Guar. Ass'n v. Giordano

485 So. 2d 453, 11 Fla. L. Weekly 558

District Court of Appeal of Florida | Filed: Mar 4, 1986 | Docket: 1680923

Cited 16 times | Published

The claim was then sent to FIGA pursuant to section 631.57, Florida Statutes (1979). In January, 1980

Figa, Formerly the American Druggists' Insurance Company, and Ranger Insurance Company v. R.V.M.P. Corporation, D/B/A b.j.'s Seaside Restaurant

874 F.2d 1528, 13 Fed. R. Serv. 3d 1027, 1989 U.S. App. LEXIS 8453

Court of Appeals for the Eleventh Circuit | Filed: Jun 13, 1989 | Docket: 2142251

Cited 15 times | Published

pre-judgment interest, under Florida Statutes § 631.57, which provides that “[i]n no event shall [FIGA]

Fernandez v. Florida Ins. Guaranty Ass'n

383 So. 2d 974, 1980 Fla. App. LEXIS 16736

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 457563

Cited 15 times | Published

responsibility for the acts of the companies it succeeds, § 631.57(1)(a) Fla. Stat. (1979); Rivera v. Southern American

Florida Insurance Guaranty Ass'n v. Branco

148 So. 3d 488, 2014 Fla. App. LEXIS 14602, 39 Fla. L. Weekly Fed. D 2020

District Court of Appeal of Florida | Filed: Sep 19, 2014 | Docket: 60243527

Cited 14 times | Published

Ass’n, 908 So.2d 435, 454 (Fla.2005); see also § 631.57, Fla. Stat. (2010). . We have jurisdiction.

Rosen v. Florida Ins. Guar. Ass'n

802 So. 2d 291, 2001 WL 1095308

Supreme Court of Florida | Filed: Sep 20, 2001 | Docket: 2516255

Cited 13 times | Published

$300,000 per claim liability limit pursuant to section 631.57(1)(a)2, Florida Statutes (1997), applied to

INS. GUARANTY ASS'N, INC. v. All the Way With Bill Vernay, Inc.

864 So. 2d 1126, 2003 WL 23094682

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 2516360

Cited 12 times | Published

within FIGA's statutory obligations. Under section 631.57(1)(a), FIGA is obligated "to the extent of

What an Idea, Inc. v. Sitko

505 So. 2d 497, 12 Fla. L. Weekly 938

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 1500502

Cited 12 times | Published

Insurance Guaranty Association, Inc. urges that section 631.57(1), Florida Statutes (1984), limits its liability

Martino v. Florida Ins. Guaranty Ass'n

383 So. 2d 942, 1980 Fla. App. LEXIS 16726

District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 1512394

Cited 10 times | Published

Judgments §§ 1152 et seq. The relevant provision of Section 631.57 states unequivocally that: "(1) The association

Petty v. Florida Insurance Guaranty Ass'n

80 So. 3d 313, 37 Fla. L. Weekly Supp. 34, 2012 Fla. LEXIS 72, 2012 WL 143605

Supreme Court of Florida | Filed: Jan 19, 2012 | Docket: 60305694

Cited 8 times | Published

section 627.428. The court recognized that under section 631.57(1), FIGA was “obligated to the extent of the

Florida Ins. Guar. Ass'n, Inc. v. Cole

573 So. 2d 868, 1990 WL 177724

District Court of Appeal of Florida | Filed: Nov 14, 1990 | Docket: 1518699

Cited 8 times | Published

section 631.54(3),[2] Florida Statutes (1985). Section 631.57(1)(a)3,[3] Florida Statutes (1985) limits FIGA's

Carballo v. Warren Mfg. Co.

407 So. 2d 603

District Court of Appeal of Florida | Filed: Oct 14, 1981 | Docket: 1515376

Cited 8 times | Published

held liable for either penalties or interest. § 631.57(1)(b), Florida Statutes (1979). Although FIGA

Rivera v. Southern Am. Fire Ins. Co.

361 So. 2d 193

District Court of Appeal of Florida | Filed: Jul 5, 1978 | Docket: 92811

Cited 8 times | Published

liable for tortious acts of members' insurers. Section 631.57(1)(a)3 Florida Statutes (1975). The appellants

Florida Ins. Guar. Ass'n v. Gustinger

390 So. 2d 420

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 1532311

Cited 7 times | Published

employers and carriers such as Consolidated. Under Section 631.57(1)(b), Florida Statutes (1979), FIGA is subject

Florida Insurance Guaranty Ass'n v. Bernard

140 So. 3d 1023, 2014 WL 1921745, 2014 Fla. App. LEXIS 7160

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60241342

Cited 6 times | Published

Statutes, and established its powers and duties in section 631.57. The latter statute provides in pertinent part

Williams v. FLORIDA INS. GUAR. ASS'N

549 So. 2d 253, 1989 WL 111530

District Court of Appeal of Florida | Filed: Sep 28, 1989 | Docket: 1719656

Cited 6 times | Published

631.51(1), 631.54(3), Fla. Stat. (1983). [2] § 631.57(1)(b), Fla. Stat. (1983). [3] § 627.727(1), Fla

Florida Insurance Guaranty Ass'n v. Smothers

65 So. 3d 541, 2011 Fla. App. LEXIS 8396, 2011 WL 2200681

District Court of Appeal of Florida | Filed: Jun 8, 2011 | Docket: 60301729

Cited 5 times | Published

was placed in receivership and, pursuant to section 631.57, FIGA stepped in to provide a mechanism for

FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance

400 So. 2d 813

District Court of Appeal of Florida | Filed: Jun 30, 1981 | Docket: 1677030

Cited 5 times | Published

directors. Section 631.57(3)(a). FIGA's liability for claims is governed by the statutes. Section 631.57(1),

Florida Insurance Guaranty Ass'n v. Olympus Ass'n

34 So. 3d 791, 2010 Fla. App. LEXIS 6941, 2010 WL 1979242

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 1131175

Cited 4 times | Published

insolvency triggered FIGA's obligation, under section 631.57, Florida Statutes, to pay for "covered claims

Jimmy Lang's Auto Service v. Proctor

667 So. 2d 334, 1995 WL 619881

District Court of Appeal of Florida | Filed: Oct 24, 1995 | Docket: 454485

Cited 4 times | Published

compensation claims are to be paid in full. Fla. Stat. § 631.57(1)(a)2.a. (1993). We therefore strongly encourage

Florida Insurance Guaranty Ass'n v. Ehrlich

82 So. 3d 849, 2011 WL 1661386, 2011 Fla. App. LEXIS 6340

District Court of Appeal of Florida | Filed: May 4, 2011 | Docket: 60306277

Cited 3 times | Published

defenses, and obligations of the insolvent insurer.” § 631.57(1)0»), Fla. Stat. (2009). Section 631.70 excludes

Florida Community Health Center v. Ross

590 So. 2d 1037, 1991 WL 265074

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 458248

Cited 3 times | Published

affirm the JCC's order with one exception. Section 631.57(1)(b), Florida Statutes (1989), prohibits the

Florida Ins. Guar. Ass'n v. Renfroe

568 So. 2d 962, 1990 WL 146902

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1526709

Cited 3 times | Published

to be without merit. FIGA next argues that section 631.57(1)(a)(3) and (1)(b), Florida Statutes (1987)

NCNB NAT. BANK OF FLA. v. Fla. Ins. Guar. Ass'n

541 So. 2d 728, 1989 WL 32660

District Court of Appeal of Florida | Filed: Apr 6, 1989 | Docket: 470558

Cited 3 times | Published

on the loan to FPS because of the wording of section 631.57(1)(b), which provides that "in no event shall

Morrison v. Homewise Preferred Insurance Co.

209 So. 3d 682, 2017 WL 543427, 2017 Fla. App. LEXIS 1648

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 4586777

Cited 2 times | Published

had not become insolvent.” § 631.57(1)(b), Fla. Stat. (2011); see also § 631.57(1)(a)1.a., Fla. Stat. (2011)

Florida Insurance Guaranty Association, Inc. v. Mendoza and Llanes

193 So. 3d 940, 2016 WL 1445424, 2016 Fla. App. LEXIS 5583

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 3053145

Cited 2 times | Published

insurer. § 631.57, Fla. Stat. (2011). Pursuant to, and subject to the limitations of, section-631.57, FIGA

FLORIDA INS. GUAR. ASS'N v. Petty

44 So. 3d 1191, 2010 WL 3766879

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2542540

Cited 2 times | Published

section 627.428. The court recognized that under section 631.57(1), FIGA was "obligated to the extent of the

Florida Insurance Guaranty Ass'n v. Shadow Wood Condominium Ass'n

26 So. 3d 610, 2009 Fla. App. LEXIS 18422, 2009 WL 4283083

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1638794

Cited 2 times | Published

that section 627.7015(7) applies.[2] Under section 631.57(1)(b), Florida Statutes (2005), FIGA is "deemed

Florida Insurance Guaranty v. Devon Neighborhood Ass'n

33 So. 3d 48, 2009 Fla. App. LEXIS 18423, 2009 WL 4283084

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 1649428

Cited 2 times | Published

all the liability of the insurer. However, section 631.57(1)(b), Florida Statutes, provides that FIGA

Hartford Ins. Co. v. Minagorri

675 So. 2d 142, 1996 WL 210749

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 1322807

Cited 2 times | Published

responsibilities of the tortfeasor's insurance company. See § 631.57(1), Fla.Stat. (1995). The tortfeasor's liability

Florida Insurance Guaranty Ass'n v. Johnson

654 So. 2d 239, 1995 Fla. App. LEXIS 4426, 1995 WL 238665

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 64755887

Cited 2 times | Published

the damage award of $9,900.00. Pursuant to section 631.57(l)(b), Florida Statutes (1991), FIGA became

Florida Ins. Guar. Ass'n, Inc. v. Garcia

614 So. 2d 684, 1993 WL 56800

District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 1509853

Cited 2 times | Published

a "covered claim" to the guaranty association. § 631.57, Fla. Stat. (1985). The legislature expressly

METRO. PROPERTY & LIABILITY INS. CO. v. Clinton

553 So. 2d 1287, 1989 WL 146031

District Court of Appeal of Florida | Filed: Dec 5, 1989 | Docket: 1675752

Cited 2 times | Published

insurer as if the insurer had not become insolvent." § 631.57(1)(b), Fla. Stat. (1987). This being so, it follows

Castle Beach Club Condominium, Inc. v. Citizens Property Insurance Corp.

96 So. 3d 964, 2012 Fla. App. LEXIS 12354, 2012 WL 3101528

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60311607

Cited 1 times | Published

received public funding; its enabling statute, § 631.57(3)(d), Fla. Stat. (2011), prohibits the use of

Florida Insurance Guaranty Ass'n v. Petty

44 So. 3d 1191, 2010 Fla. App. LEXIS 14469

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 60295548

Cited 1 times | Published

section 627.428. The court recognized that under section 631.57(1), FIGA was “obligated to the extent of the

FLORIDA INS. GUAR. ASS'N, INC. v. Soto

979 So. 2d 964, 2008 WL 183501

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1714377

Cited 1 times | Published

before the insurer was adjudicated insolvent. § 631.57, Fla. Stat. (2001). In 2002, the trial court awarded

Florida Insurance Guaranty Ass'n v. Jacques

643 So. 2d 101, 1994 Fla. App. LEXIS 9553

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 64751239

Cited 1 times | Published

judgment constitutes a “covered claim” under section 631.57(l)(b), Florida Statutes, which provides that

Queen v. Clearwater Elec., Inc.

555 So. 2d 1262, 1989 WL 151453

District Court of Appeal of Florida | Filed: Jan 26, 1990 | Docket: 1724707

Cited 1 times | Published

each covered claim as defined under that chapter. § 631.57, Fla. Stat. (1983). The extent, if any, to which

Condominium Association of Golf Villas II, Inc. v. Florida Insurance Guaranty Association, Inc.

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998664

Published

whether sections 95.11(2)(b) and (2)(e) and section 631.57(1)(b), Florida Statutes (2020), control this

Ray Medical Center, Inc., A/A/O Mairo De Leon v. Florida Insurance Guaranty Association

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793056

Published

2011) (quotations and citations omitted); see also § 631.57(1)(b), Fla. Stat. (providing that FIGA shall “[b]e

FLORIDA INSURANCE GUARANTY ASSOCIATION v. YANICET REYES

District Court of Appeal of Florida | Filed: Sep 30, 2020 | Docket: 18488448

Published

that FIGA could pay money to settle a claim. See § 631.57(2), (5). But, it continued, "[i]t's

Pupo v. Florida Insurance Guaranty Association

218 So. 3d 999, 2017 WL 1969690, 2017 Fla. App. LEXIS 6775

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6061247

Published

less the statutory deductible set forth in section 631.57(l)(a)(2), Florida Statutes (2009). ' Pupo

Gonzalez v. Homewise Preferred Insurance Company

210 So. 3d 260, 2017 WL 603317, 2017 Fla. App. LEXIS 1958

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 4585348

Published

insurer as if the insurer had not become insolvent.” § 631.57(l)(b). As such, the Act contemplates that FIGA

Miller v. Florida Insurance Guaranty Association, Inc.

200 So. 3d 200, 2016 Fla. App. LEXIS 10868, 2016 WL 3766630

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111225

Published

Concur. 1 . See § 631.57(l)(a)(l)(a), Fla. Stat. (2012) (stating that FIGA

Florida Insurance Guaranty Association, Inc. v. Lustre

163 So. 3d 624, 2015 Fla. App. LEXIS 6026, 2015 WL 1874445

District Court of Appeal of Florida | Filed: Apr 24, 2015 | Docket: 2652166

Published

guarantee payments over $300,000 in most instances. § 631.57(l)(a)(2). In the case of homeowner’s coverage

Lakechea v. Magnolia Insurance Co.

146 So. 3d 1207, 2014 Fla. App. LEXIS 13284, 2014 WL 4230059

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1164426

Published

So.2d 435, 454 (Fla.2005); see also, § 631.57, Fla. Stat. (2010). Although there is a permanent

Florida Insurance Guaranty Ass'n v. B.T. of Sunrise Condominium Ass'n

46 So. 3d 1039, 2010 Fla. App. LEXIS 14025, 2010 WL 3655818

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 60296107

Published

involved in this action within the meaning of section 631.57(2), Florida Statutes (2008), and properly ordered

Bender v. State, Department of Financial Services

17 So. 3d 770, 2009 Fla. App. LEXIS 10964, 2009 WL 2392908

District Court of Appeal of Florida | Filed: Aug 6, 2009 | Docket: 1142098

Published

Payment Act, a similar statute regulating insurance. § 631.57(1)(a)4., Fla. Stat. (2009) ("In no event shall

Hudson v. McGovern

949 So. 2d 322, 2007 Fla. App. LEXIS 2405, 2007 WL 518628

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 64849287

Published

assumed Atlantic’s obligations to Mr. Hudson. See § 631.57, Fla. Stat. (2006). To give FIGA adequate time

Florida Insurance Guaranty Ass'n v. Super Nice Cab

890 So. 2d 1171, 2004 Fla. App. LEXIS 20040, 2004 WL 3000979

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 64835386

Published

indemnify its insured,2 thus FIGA is obligated by Section 631.57(l)(b), Florida Statutes (2003)3 to put on Biscayne’s

Florida Insurance Guaranty Ass'n v. Jones

847 So. 2d 1020, 2003 Fla. App. LEXIS 6538, 28 Fla. L. Weekly Fed. D 1142

District Court of Appeal of Florida | Filed: May 6, 2003 | Docket: 64823417

Published

that most likely would be otherwise unpaid. See § 631.57(1), Fla. Stat. (1995). Accordingly, the Florida

Florida Insurance Guaranty Ass'n v. Jones

847 So. 2d 1020, 2003 Fla. App. LEXIS 6538, 28 Fla. L. Weekly Fed. D 1142

District Court of Appeal of Florida | Filed: May 6, 2003 | Docket: 64823417

Published

that most likely would be otherwise unpaid. See § 631.57(1), Fla. Stat. (1995). Accordingly, the Florida

Rosen v. Florida Insurance Guaranty Ass'n

734 So. 2d 491, 1999 Fla. App. LEXIS 6339, 1999 WL 303424

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 64788592

Published

$300,000 per claim liability (established in section 631.57(l)(a)2., Florida Statutes) applied to the Rumger-Mana-tee

Dilme v. Sbp Service, Inc.

649 So. 2d 934, 1995 Fla. App. LEXIS 986, 1995 WL 49268

District Court of Appeal of Florida | Filed: Feb 9, 1995 | Docket: 64754084

Published

in the handling of the claim is irrelevant. Section 631.57(l)(a) provides that FIGA shall be obligated

Florida Insurance Guaranty Ass'n v. Alatriste

584 So. 2d 644, 1991 Fla. App. LEXIS 7932, 16 Fla. L. Weekly Fed. D 2504

District Court of Appeal of Florida | Filed: Aug 13, 1991 | Docket: 64660971

Published

therefore legally responsible for such claim. § 631.57(1), Fla.Stat. (1989). See also Martino v. Florida

Florida Insurance Guaranty Ass'n v. Bentley

583 So. 2d 729, 1991 Fla. App. LEXIS 7037, 1991 WL 133434

District Court of Appeal of Florida | Filed: Jul 18, 1991 | Docket: 64660642

Published

Insurance Guaranty Association Act (FIGA Act), Section 631.-57(l)(a)3, Florida Statutes, relating to claims

Williams v. Florida Insurance Guaranty Ass'n

549 So. 2d 253, 14 Fla. L. Weekly 2267, 1989 Fla. App. LEXIS 5290

District Court of Appeal of Florida | Filed: Sep 28, 1989 | Docket: 64645201

Published

§§ 631.51(1), 631.54(3), Fla. Stat. (1983). . § 631.57(l)(b), Fla. Stat. (1983). .§ 627.727(1), Fla

Segarra v. Florida Insurance Guaranty Ass'n

447 So. 2d 260, 1983 Fla. App. LEXIS 26420

District Court of Appeal of Florida | Filed: Oct 21, 1983 | Docket: 64603668

Published

denied, 368 So.2d 1372 (Fla.1979). See also section 631.57(l)(a)(3), Florida Statutes (1975). BOARDMAN

Trivoli Amusement Co. v. Rodriguez

413 So. 2d 163, 1982 Fla. App. LEXIS 19877

District Court of Appeal of Florida | Filed: Apr 29, 1982 | Docket: 64589626

Published

accrued but unpaid installments of compensation, section 631.57(l)(b), Florida Statutes (1977); Carballo v

Carrazana v. Florida Insurance Guaranty Ass'n

374 So. 2d 581, 1979 Fla. App. LEXIS 15705

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 64571681

Published

631.54(4), Florida Statutes (1977). See also Section 631.57(1)(a)(3), Florida Statutes (1977). Admittedly

Kuvin, Klingensmith & Lewis, P. A. v. Florida Insurance Guaranty Ass'n

371 So. 2d 214, 1979 Fla. App. LEXIS 15080

District Court of Appeal of Florida | Filed: May 22, 1979 | Docket: 64570285

Published

companies. § 631.-57(3)(a). By specific statutory prohibition, no tax monies may be involved. § 631.-57(3)(d)