Florida Statute 631.61 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 631.61

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.61.

Annotations, Discussions, Cases:

Cases Citing Statute 631.61

Total Results: 11

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-12T00:00:00-07:00

Citation: 159 So. 3d 945, 2015 Fla. App. LEXIS 3576

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

Devonshire at PGA National, LLC v. State ex rel. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-11T00:00:00-08:00

Citation: 103 So. 3d 1060, 2013 WL 132695, 2013 Fla. App. LEXIS 479

Snippet: proceedings of an insurer as set forth in ss. 681.051, 631.061, and 631.071, the [OIR] may petition for an appropriate

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

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-03T00:00:00-07:00

Citation: 677 So. 2d 363, 1996 Fla. App. LEXIS 6886, 1996 WL 364736

Snippet: although this court found that sections 631.051 and 631.061, Florida Statutes, “did not authorize the remedy…’s authority, pursuant to sections 631.051 and 631.061, Florida Statutes (1993), to obtain a receivership

Florida Dept. of Ins. v. Cypress Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-02T00:53:00-07:00

Citation: 660 So. 2d 1177

Snippet: Department was empowered by sections 631.031 and 631.061, Florida Statutes (1991), to apply for the order

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

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-25T00:00:00-07:00

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

Snippet: entered upon authority of sections 631.051 and 631.061, Florida Statutes (1993), by which the Department…of these undisputed facts, sections 631.051 and 631.061 provide no authority for entry of the order. Because…therefore not applicable to Provident. Section 631.061 permits the department upon specified grounds to

Hobbs v. Don Mealey Chevrolet, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-23T00:53:00-07:00

Citation: 642 So. 2d 1149

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

Guardian Detective & Security Agency v. Schreyer

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-30T00:00:00-07:00

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

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

Florida Ins. Guar. Ass'n v. Giordano

Court: Fla. Dist. Ct. App. | Date Filed: 1986-03-03T23:53:00-08:00

Citation: 485 So. 2d 453

Snippet: insurer as if the insurer had not become insolvent. 631.61 Nonduplication of recovery. (2) Any person having…plaintiff and the insured were directed by section 631.61(2), Florida Statutes (1979), to seek payment first

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

Court: Fla. Dist. Ct. App. | Date Filed: 1981-06-30T00:53:00-07:00

Citation: 400 So. 2d 813

Snippet: liquidation of domestic insurers, Sections 631.051, 631.061, and for the conservation or ancillary liquidation…The trial court, under Sections 631.071(1) and 631.061(1) clearly has jurisdiction to adjudicate insolvency

Servamerica, Inc. v. Rolfe

Court: Fla. Dist. Ct. App. | Date Filed: 1975-08-13T00:53:00-07:00

Citation: 318 So. 2d 178

Snippet: 180 Education of City of East Saginaw, 102 Mich. 631, 61 N.W. 61. An agreement to serve and be served at

Knudsen v. Green

Court: Fla. | Date Filed: 1934-07-30T00:00:00-08:00

Citation: 156 So. 240, 116 Fla. 47, 1934 Fla. LEXIS 1011

Snippet: Board of Education of City of Saginaw,102 Mich. 631, 61 N.W. Rep. 61. An agreement to serve and be served