Florida Statute 631.67 - 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. 631.67

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

Annotations, Discussions, Cases:

Cases Citing Statute 631.67

Total Results: 22

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

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

Snyder v. Douglas

647 So. 2d 275, 1994 WL 685608

District Court of Appeal of Florida | Filed: Dec 9, 1994 | Docket: 437616

Cited 13 times | Published

under the automatic six-month stay provision of section 631.67, Florida Statutes (1993). In denying the motion

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

pursuant to section 631.67 in the declaratory judgment action. Despite the provisions of section 631.67, no such

Skrbic v. QCRC Associates Corp.

761 So. 2d 349, 2000 Fla. App. LEXIS 2792, 2000 WL 276385

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 1709256

Cited 7 times | Published

is stayed for up to six months pursuant to section 631.67, Florida Statute.[2] Attached with the Notice

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

appellant and directing this court's attention to section 631.67, Florida Statutes, which provides in pertinent

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

Homewise. We momentarily digress to note that section 631.67, Florida Statutes (2011), provides other stay

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

facilitator to liquidator. On that date, pursuant "to-section 631.67 of the Florida Statutes and the Consent Order

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

838 So. 2d 1178, 2003 Fla. App. LEXIS 287, 2003 WL 131638

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 461403

Cited 2 times | Published

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

Blizzard v. WH Roof Co., Inc.

556 So. 2d 1237, 1990 WL 15388

District Court of Appeal of Florida | Filed: Feb 22, 1990 | Docket: 1528409

Cited 2 times | Published

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

Newkirk v. FLA. INS. GUARANTY ASS'N., INC.

464 So. 2d 1256, 10 Fla. L. Weekly 470

District Court of Appeal of Florida | Filed: Feb 19, 1985 | Docket: 2572250

Cited 2 times | Published

JORGENSON, JJ. PER CURIAM. Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a

Halili v. RADIATION ONCOLOGY CONSULT., PA

820 So. 2d 415, 2002 WL 1390201

District Court of Appeal of Florida | Filed: Jun 28, 2002 | Docket: 1715465

Cited 1 times | Published

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

Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674467

Published

the automatic six-month stay provision of section 631.67, Florida Statutes (1993)” constituted irreparable

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

District Court of Appeal of Florida | Filed: May 17, 2022 | Docket: 65389437

Published

party to the lawsuit.” This was error. Section 631.67, Florida Statutes (2021), provides that all

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. ADAM RUBIN

District Court of Appeal of Florida | Filed: Jan 29, 2020 | Docket: 16773992

Published

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

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

Homewise became insolvent, and pursuant to section 631.67, Florida Statutes (2011), the proceedings were

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

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

Martinez v. Iturbe

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

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 64816811

Published

any Court ... shall be stayed for 6 months ...” § 631.67, Fla. Stat. (2002). However, the trial court granted

Radiation Oncology Consultants, P.A. v. Trostle

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

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 64816653

Published

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

PAYROLL TRANSFERS INTERSTATE v. Forshey

694 So. 2d 80, 1997 Fla. App. LEXIS 4004, 1997 WL 185606

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 1450662

Published

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

What An Idea, Inc. v. Sitko

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

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 64612162

Published

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

Gibson Hauling, Inc. v. Armbrister

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

District Court of Appeal of Florida | Filed: Mar 29, 1985 | Docket: 64610891

Published

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

Newkirk v. Florida Insurance Guaranty Ass'n

464 So. 2d 1256, 10 Fla. L. Weekly 470, 1985 Fla. App. LEXIS 12499

District Court of Appeal of Florida | Filed: Feb 19, 1985 | Docket: 64610436

Published

PER CURIAM. Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a basis