Florida Statute 631.61 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.61

631.61 Nonduplication of recovery.—

(1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer which is also a covered claim, shall not be required to exhaust first her or his rights under such a policy. Any amount payable on a covered claim under this part shall be reduced by the amount of any recovery under such insurance policy.

(2) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, the person shall seek recovery first from the association of the location of the property, and if it is a workers’ compensation plan, the person shall seek recovery first from the association of the residence of the claimant. Any recovery under this part shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

History.—s. 12, ch. 70-20; s. 119, ch. 79-40; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 413, ch. 97-102.

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Amendments to 631.61

Annotations, Discussions, Cases:

Cases Citing Statute 631.61

Total Results: 5

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

plaintiff and the insured were directed by section 631.61(2), Florida Statutes (1979), to seek payment

Hobbs v. Don Mealey Chevrolet, Inc.

642 So. 2d 1149, 1994 WL 515723

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 1529494

Cited 11 times | Published

(section 631.051), grounds for liquidation (section 631.061), rehabilitation orders (section 631.101),

Florida Office of Insurance Regulation v. Florida Department of Financial Services

159 So. 3d 945, 2015 Fla. App. LEXIS 3576, 2015 WL 1084929

District Court of Appeal of Florida | Filed: Mar 12, 2015 | Docket: 60246713

Published

order directing it to rehabilitate an insurer); § 631.061, Fla. Stat. (authorizing DFS to apply to the court

Provident Capital Indemnity, Ltd. v. State ex rel. Department of Insurance

654 So. 2d 232, 1995 Fla. App. LEXIS 4358, 1995 WL 293968

District Court of Appeal of Florida | Filed: Apr 25, 1995 | Docket: 64755885

Published

is therefore not applicable to Provident. Section 631.061 permits the department upon specified grounds

Guardian Detective & Security Agency v. Schreyer

489 So. 2d 1186, 11 Fla. L. Weekly 1236, 1986 Fla. App. LEXIS 8088

District Court of Appeal of Florida | Filed: May 30, 1986 | Docket: 64620067

Published

Association (FIGA) became its successor. Pursuant to section 631.61, Florida Statutes (1985), any amount payable