Florida Statute 631.67 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.67

631.67 Stay of proceedings; reopening of default judgments.—All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative board in this state shall be stayed for 6 months, or such additional period from the date the insolvency is adjudicated, by a court of competent jurisdiction to permit proper defense by the association of all pending causes of action as to any covered claims; provided that such stay may be extended for a period of time greater than 6 months upon proper application to a court of competent jurisdiction. The association, either on its own behalf or on behalf of such insured, may apply to have any judgment, order, decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured set aside by the same court or administrator that made such judgment, order, decision, verdict, or finding and shall be permitted to defend against such claim on the merits. If request is made by the association, the stay of proceedings may be shortened or waived.

History.—s. 18, ch. 70-20; s. 18, ch. 71-970; s. 5, ch. 77-227; s. 2, ch. 80-26; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

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Amendments to 631.67

Arrestable Offenses / Crimes under Fla. Stat. 631.67

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.67.

Annotations, Discussions, Cases:

Cases Citing Statute 631.67

Total Results: 20

DON K. JURAVIN vs DCS REAL ESTATE INVESTMENTS, LLC, AND THE CLUB AT BELLA COLLINA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-17T00:00:00-07:00

Snippet: to the lawsuit.” This was error. Section 631.67, Florida Statutes (2021), provides that all proceedings…previously held that the stay provided for in section 631.67 is both automatic and mandatory, and that the

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. ADAM RUBIN

Court: Fla. Dist. Ct. App. | Date Filed: 2020-01-28T23:53:00-08:00

Snippet: FIGA moved to stay the proceedings under section 631.67, Florida Statutes (2010), in order to investigate

Gonzalez v. Homewise Preferred Insurance Company

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-15T00:00:00-08:00

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

Snippet: Homewise became insolvent, and pursuant to section 631.67, Florida Statutes (2011), the proceedings were …defendant in that pending lawsuit. To that end, section 631.67 of the Act explicitly states that it applies to…also noted the automatic stay provided by section 631.67, as well as its stated purpose of permitting a …section 631.68 must be read in harmony with section 631.67, and all other related provisions of chapter 631

Morrison v. Homewise Preferred Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-10T00:00:00-08:00

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

Snippet: Homewise. We momentarily digress to note that section 631.67, Florida Statutes (2011), provides other stay provisions…causes of action .as, to any covered claims.” § 631.67, Fla. Stat. (2011). This stay is specific to FIGA…Section 631.68 must be read in harmony with section 631.67, and all other related provisions of chapter 631

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-13T00:00:00-07:00

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

Snippet: to any covered claims....” § 631.67, Fla. Stat. (2011). Section 631.67 specifically allows FIGA to request…liquidator. On that date, pursuant "to-section 631.67 of the Florida Statutes and the Consent Order, …stayed automatically for a period of six months. § 631.67, Fla. Stat. (2011). The statute plainly and unequivocally-sets…to prepare a proper defense against the claim. § 631.67, Fla. Stat. (2011). FIGA could seek an enlargement…address pending cases. For example, section 631.67 authorizes FIGA to request waiver, enlargement

Zander v. Cima

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-13T00:00:00-08:00

Citation: 197 So. 3d 1082, 2015 Fla. App. LEXIS 17037, 2015 WL 7074657

Snippet: Taylor v. Am. Nat’l Bank of Pensacola, 63 Fla. 631, 67 So. 678, 686 (1912))). In support of Mr. Cima

Florida Insurance Guaranty Ass'n v. Branco

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-19T00:00:00-07:00

Citation: 148 So. 3d 488, 2014 Fla. App. LEXIS 14602

Snippet: §§ 631.51, 631.55, Fla. Stat. (2011). . See § 631.67, Fla. Stat. (2011) (requiring automatic six-month

Hudson v. McGovern

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-21T00:00:00-08:00

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

Snippet: application to a court of competent jurisdiction. § 631.67. The trial court properly denied the stay; FIGA

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

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-30T23:53:00-08:00

Citation: 864 So. 2d 1126

Snippet: section 631.67 in the declaratory judgment action. Despite the provisions of section 631.67, no such

Frontier Ins. Co. v. AMER. TITLE SERV.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-16T23:53:00-08:00

Citation: 838 So. 2d 1178

Snippet: to lift the stay, the plaintiffs cited section 631.67, Florida Statutes (2002) which provides for an

Martinez v. Iturbe

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-07T00:00:00-07:00

Citation: 823 So. 2d 266, 2002 Fla. App. LEXIS 11403, 2002 WL 1800996

Snippet: any Court ... shall be stayed for 6 months ...” § 631.67, Fla. Stat. (2002). However, the trial court granted…’s absence. We agree. A FIGA stay under Section 631.67 applies not just to an individual party, but to…healthcare providers involved in the suit). Section 631.67 states that “all” proceedings shall be stayed when…plain and ordinary of meaning of “all” in Section 631.67, as defined in the dictionary, clearly indicates

Radiation Oncology Consultants, P.A. v. Trostle

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-02T00:00:00-07:00

Citation: 822 So. 2d 574, 2002 Fla. App. LEXIS 10894, 2002 WL 1769007

Snippet: pursuant to the automatic stay provision of section 631.67, Florida Statutes (2001). The trial court by written

Halili v. RADIATION ONCOLOGY CONSULT., PA

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-28T00:00:00-07:00

Citation: 820 So. 2d 415

Snippet: motion to stay this proceeding, citing section 631.67, Florida Statutes, which provides: All proceedings

Skrbic v. QCRC Associates Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-14T23:53:00-08:00

Citation: 761 So. 2d 349

Snippet: stayed for up to six months pursuant to section 631.67, Florida Statute.[2] Attached with the Notice, … four-year statute of limitations. [2] Section 631.67, Florida Statutes provides that: [a]ll proceedings…application to a court of competent jurisdiction. § 631.67, Fla. Stat. (1999). 3D99-195 District

PAYROLL TRANSFERS INTERSTATE v. Forshey

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-18T00:53:00-07:00

Citation: 694 So. 2d 80

Snippet: is undisputed that the stay provision in section 631.67, Florida Statutes, is not relevant to this case

Jimmy Lang's Auto Service v. Proctor

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-24T00:00:00-07:00

Citation: 667 So. 2d 334

Snippet: directing this court's attention to section 631.67, Florida Statutes, which provides in pertinent …appeal within the six months provided for by section 631.67 or, where feasible, sooner. 95-1426

Snyder v. Douglas

Court: Fla. Dist. Ct. App. | Date Filed: 1994-12-08T23:53:00-08:00

Citation: 647 So. 2d 275

Snippet: the automatic six-month stay provision of section 631.67, Florida Statutes (1993). In denying the motion…FIGA relied in part on the provision of section 631.67 which provides in pertinent part[3] that: All proceedings…the mandatory six-month stay provision of section 631.67, Florida Statutes (1993), passes constitutional…that the six-month stay period mandated by section 631.67 represents a reasonable restriction on respondents…the mandatory six-month stay provision of section 631.67 "in the same manner and to the same extent

Blizzard v. WH Roof Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-21T23:53:00-08:00

Citation: 556 So. 2d 1237

Snippet: insurer. Without belaboring the point, section 631.67 requires that FIGA defend the policyholder where

What An Idea, Inc. v. Sitko

Court: Fla. Dist. Ct. App. | Date Filed: 1985-05-30T00:00:00-07:00

Citation: 469 So. 2d 253, 1985 Fla. App. LEXIS 14230

Snippet: previously entered in this case pursuant to Section 631.67, Florida Statutes (1983), is hereby vacated pursuant

Gibson Hauling, Inc. v. Armbrister

Court: Fla. Dist. Ct. App. | Date Filed: 1985-03-29T00:00:00-08:00

Citation: 466 So. 2d 20, 1985 Fla. App. LEXIS 13204

Snippet: days from expiration of stay pursuant to section 631.67, Florida Statutes (1983). SCHEB, A.C.J., and CAMPBELL