Florida Statutes

Fla. Stat. § 631.66 (2025)

Immunity.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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631.66 Immunity.—There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, the Chief Financial Officer, or the department or office or their representatives for any action taken by them in the performance of their powers and duties under this part. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.

History.—s. 17, ch. 70-20; s. 809(1st), ch. 82-243; ss. 96, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1358, ch. 2003-261.

Notes of Decisions

Cited in 9 cases, 1980–2009 · leading case: Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005).

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Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005). · cites it 5× “§ 631.66, Fla. Stat. As cited by the district court, the Third District in Fernandez interpreted the immunity provision as barring only bad faith settlement claims against FIGA.”

Fernandez v. Florida Ins. Guar. Ass'n, 383 So. 2d 974 (Fla. 3d DCA 1980). · cites it 6× “Concerning the latter issue, which is the one before us, Section 631.66, Florida Statutes (1979) provides: "631.”

Carrousel Concessions v. Florida Ins. Guar., 483 So. 2d 513 (Fla. 3d DCA 1986). · cites it 4× “3d DCA) (section 631.66, Florida Statutes (1979), precludes insured's bad faith action against FIGA for its refusal to settle claims for limits of policy of defunct insurer), rev.”

Citizens Prop. Ins. Corp. v. Garfinkel, 25 So. 3d 62 (Fla. 5th DCA 2009). · cites it 2× “As with the Citizens sovereign immunity provision, the FIGA immunity statute provides, “There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors,…”

Florida Ins. Guar. Ass'n v. Giordano, 485 So. 2d 453 (Fla. 3d DCA 1986). · cites it 2× “Under section 631.66, Florida Statutes (1981), however, no action for bad faith lies against FIGA.”

Bills v. Arizona Prop. & Cas. Ins. Guar. Fund, 984 P.2d 574 (Ariz. Ct. App. 1999). “1980), quoting Fla. Stat. Ann. § 631.66 (1979) (no bad faith action against fund because its refusal to accept settlement offer “was an ‘action’ it took ‘in the performance of (its) powers and duties’ under the statute to dispose of the covered claim in question”); cf.”

Florida Ins. Guar. Ass'n v. Renfroe, 568 So. 2d 962 (Fla. 1st DCA 1990). · cites it 2× “FIGA argues that section 631.66, Florida Statutes (1987), precludes liability for bad faith attorney's fees because the association cannot be found liable for actions taken in the performance of its duties.”

Queen v. Clearwater Elec., Inc., 555 So. 2d 1262 (Fla. 2d DCA 1990). · cites it 2× “1980), denied an "access to the courts" challenge to a statute (§ 631.66, Fla. Stat. (1979)) which precluded a badfaith case against FIGA stating [A]bsent Chapter 631, FIGA would not exist and there would be no effective remedy to recover on any claims whatever against insolvent…”

Florida Ins. Guar. Ass'n v. Jones, 847 So. 2d 1020 (Fla. 1st DCA 2003). “Section 631.66, Fla. Stat. (1995). Appellee’s claims for damages, as alleged, are not covered obligations under the FIGA Act and are barred by FIGA’s immunity protection.”

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