Florida Statutes
Fla. Stat. § 631.67 (2025)
Stay of proceedings; reopening of default judgments.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1985–2025 · leading case: Florida Ins. Guar. Ass'n, Inc. v. Mendoza & Llanes, 193 So. 3d 940 (Fla. 3d DCA 2016).
Florida Ins. Guar. Ass'n, Inc. v. Mendoza & Llanes, 193 So. 3d 940 (Fla. 3d DCA 2016). “§ 631.67, Fla. Stat. (2011). The statute plainly and unequivocally-sets forth the purpose of the statutory stay as *944 to FIGA: “All proceedings in which the insolvent insurer is a party .”
Snyder v. Douglas, 647 So. 2d 275 (Fla. 2d DCA 1994). “The petitioners, led by the Florida Insurance Guaranty Association (FIGA), invoke our certiorari jurisdiction to review an order denying an amended motion for entry of stay sought in part under the automatic six-month stay provision of section 631.67, Florida Statutes (1993). In…”
Florida Ins. Guar. Ass'n v. Branco, 148 So. 3d 488 (Fla. 5th DCA 2014). “See § 631.67, Fla. Stat. (2011) (requiring automatic six-month stay on activation of FIGA); see also Snyder v.”
Skrbic v. QCRC Assocs. Corp., 761 So. 2d 349 (Fla. 3d DCA 2000). “…be extended for a period of time greater than 6 months upon proper application to a court of competent jurisdiction. § 631.67, Fla. Stat. (1999).”
INS. Guar. ASS'N, INC. v. All the Way With Bill Vernay, Inc., 864 So. 2d 1126 (Fla. 2d DCA 2003). “When FIGA was substituted, the trial court imposed a stay of litigation pursuant to section 631.67 in the declaratory judgment action.”
Morrison v. Homewise Preferred Ins. Co., 209 So. 3d 682 (Fla. 5th DCA 2017). “” § 631.67, Fla. Stat. (2011). This stay is specific to FIGA.”
Martinez v. Iturbe, 823 So. 2d 266 (Fla. 3d DCA 2002). “” Thereafter, Martinez moved the court for a stay of the entire case pursuant to the Florida Insurance Guaranty Act (“FIGA”), which provides that: “All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any Court .”
Jimmy Lang's Auto Serv. v. Proctor, 667 So. 2d 334 (Fla. 1st DCA 1995). “FIGA filed a response, listing itself as an appellant and directing this court's attention to section 631.67, Florida Statutes, which provides in pertinent part: All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court or before…”
Frontier Ins. Co. v. AMER. TITLE SERV., 838 So. 2d 1178 (Fla. 5th DCA 2003). “When they moved to lift the stay, the plaintiffs cited section 631.67, Florida Statutes (2002) which provides for an automatic six-month stay of all proceedings in which the insolvent insurer is a party or is obligated to defend a party, commencing when the insurer is…”
Payroll Transfers Interstate v. Forshey, 694 So. 2d 80 (Fla. 1st DCA 1997). “" Although the order did not specify which stay provision was being invoked, it is undisputed that the stay provision in section 631.67, Florida Statutes, is not relevant to this case because self-insurance funds were expressly excluded from that provision.”
Halili v. Radiation Oncology Consult., Pa, 820 So. 2d 415 (Fla. 5th DCA 2002). “Halili filed a motion to stay this proceeding, citing section 631.67, Florida Statutes, which provides: 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…”
Newkirk v. Fla. Ins. Guar. Ass'n., Inc., 464 So. 2d 1256 (Fla. 3d DCA 1985). “Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a basis for vacating the default judgment in favor of Newkirk.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.