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Florida Statute 631.67 | Lawyer Caselaw & Research
F.S. 631.67 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 631.67

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT
View Entire Chapter
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.

F.S. 631.67 on Google Scholar

F.S. 631.67 on Casetext

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 from cite.case.law:

GONZALEZ v. HOMEWISE PREFERRED INSURANCE COMPANY, 210 So. 3d 260 (Fla. Dist. Ct. App. 2017)

. . . However, in 2011 Homewise became insolvent, and pursuant to section 631.67, Florida Statutes (2011), . . . To that end, section 631.67 of the Act explicitly states that it applies to pending proceedings and automatically . . . The court also noted the automatic stay provided by section 631.67, as well as its stated purpose of . . . Noting that “[section 631.68 must be read in harmony with section 631.67, and all other related provisions . . .

MORRISON, v. HOMEWISE PREFERRED INSURANCE COMPANY, 209 So. 3d 682 (Fla. Dist. Ct. App. 2017)

. . . We momentarily digress to note that section 631.67, Florida Statutes (2011), provides other stay provisions . . . permit proper defense by the association of all pending causes of action .as, to any covered claims.” § 631.67 . . . pending first-party action, the court explained: Section 631.68 must be read in harmony with section 631.67 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. MENDOZA, 193 So. 3d 940 (Fla. Dist. Ct. App. 2016)

. . . On that date, pursuant "to-section 631.67 of the Florida Statutes and the Consent Order, FIGA was deemed . . . With regard to FIGA, however, the lawsuit is stayed automatically for a period of six months. § 631.67 . . . automatic stay; and section 631.67 also allows FIGA to apply to have vacated any trial court default . . . Nothing in section 631.67 suggests any requirement that FIGA need be separately added and served as a . . . Section 631.68 must be read in harmony with section 631.67, and all other related provisions of chapter . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. BRANCO, 148 So. 3d 488 (Fla. Dist. Ct. App. 2014)

. . . See § 631.67, Fla. . . .

E. HUDSON, v. C. McGOVERN, III CC s a a, 949 So. 2d 322 (Fla. Dist. Ct. App. 2007)

. . . . § 631.67. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. Co. v. ALL THE WAY WITH BILL VERNAY, INC., 864 So. 2d 1126 (Fla. Dist. Ct. App. 2003)

. . . When FIGA was substituted, the trial court imposed a stay of litigation pursuant to section 631.67 in . . . Despite the provisions of section 631.67, no such stay was imposed in the underlying action. . . .

FRONTIER INSURANCE COMPANY, v. AMERICAN TITLE SERVICES,, 838 So. 2d 1178 (Fla. Dist. Ct. App. 2003)

. . . When they moved to lift the stay, the plaintiffs cited section 631.67, Florida Statutes (2002) which . . .

MARTINEZ M. D. P. A. v. ITURBE, Dr. P. A. Dr. De La P. A. Dr. M. D. P. A. Dr. L. L. C., 823 So. 2d 266 (Fla. Dist. Ct. App. 2002)

. . . .” § 631.67, Fla. Stat. (2002). . . . A FIGA stay under Section 631.67 applies not just to an individual party, but to the proceeding itself . . . Section 631.67 states that “all” proceedings shall be stayed when an insurance carrier becomes insolvent . . . We find that the plain and ordinary of meaning of “all” in Section 631.67, as defined in the dictionary . . .

RADIATION ONCOLOGY CONSULTANTS, P. A. v. TROSTLE,, 822 So. 2d 574 (Fla. Dist. Ct. App. 2002)

. . . motions for stay of the medical malpractice action pursuant to the automatic stay provision of section 631.67 . . .

HALILI, M. D. v. RADIATION ONCOLOGY CONSULTANTS, P. A., 820 So. 2d 415 (Fla. Dist. Ct. App. 2002)

. . . Halili filed a motion to stay this proceeding, citing section 631.67, Florida Statutes, which provides . . .

SKRBIC, v. QCRC ASSOCIATES CORP., 761 So. 2d 349 (Fla. Dist. Ct. App. 2000)

. . . Guarantee Association (FIGA) was triggered, the action is stayed for up to six months pursuant to section 631.67 . . . Section 631.67, Florida Statutes provides that: [a]ll proceedings in which the insolvent insurer is a . . . period of time greater than 6 months upon proper application to a court of competent jurisdiction. § 631.67 . . .

PAYROLL TRANSFERS INTERSTATE, INC. v. FORSHEY,, 694 So. 2d 80 (Fla. Dist. Ct. App. 1997)

. . . specify which stay provision was being invoked, it is undisputed that the stay provision in section 631.67 . . .

JIMMY LANG S AUTO SERVICE Co. v. L. PROCTOR,, 667 So. 2d 334 (Fla. Dist. Ct. App. 1995)

. . . FIGA filed a response, listing itself as an appellant and directing this court’s attention to section 631.67 . . . should make efforts to resume activity in the appeal within the six months provided for by section 631.67 . . .

W. SNYDER, W. P. A. a v. H. DOUGLAS, a k a B. Jr. B. III,, 647 So. 2d 275 (Fla. Dist. Ct. App. 1994)

. . . amended motion for entry of stay sought in part under the automatic six-month stay provision of section 631.67 . . . FIGA relied in part on the provision of section 631.67 which provides in pertinent part that: All proceedings . . . Measured against this standard, we conclude that the mandatory six-month stay provision of section 631.67 . . . We conclude, therefore, that the six-month stay period mandated by section 631.67 represents a reasonable . . . Chapter 80-26, at 85, Laws of Florida, amended section 631.67 to its present form. . . .

BLIZZARD, a By BLIZZARD v. W. H. ROOF CO. INC. a, 556 So. 2d 1237 (Fla. Dist. Ct. App. 1990)

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

WHAT AN IDEA, INC. d b a a k a v. SITKO,, 469 So. 2d 253 (Fla. Dist. Ct. App. 1985)

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

GIBSON HAULING, INC. B. E. v. M. ARMBRISTER,, 466 So. 2d 20 (Fla. Dist. Ct. App. 1985)

. . . the cause for trial at a date approximately twenty days from expiration of stay pursuant to section 631.67 . . .

NEWKIRK, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. a N a d b a s, 464 So. 2d 1256 (Fla. Dist. Ct. App. 1985)

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

D. O MALLEY, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, FLORIDA INSURANCE GUARANTY ASSOCIATION, v. D. O MALLEY,, 257 So. 2d 9 (Fla. 1971)

. . . Sections 631.50 to 631.67 F.S.A., inclusive, 1970 Supplement to the Florida Statutes, 1969. . . . conclusion, we note we have carefully scrutinized all the provisions embraced in Section 631.50 to 631.67 . . .

GORDON, Jr. v. L. DAIGLE s, 230 F. Supp. 819 (W.D. La. 1964)

. . . being $50,000.00 for personal injuries, $3,000.00 for past and estimated future medical expenses and $631.67 . . .

KOPPERS COMPANY, INC. SUCCESSOR ON MERGER TO KOPPERS UNITED COMPANY AND SUBSIDIARIES, v. THE UNITED STATES, 133 Ct. Cl. 22 (Ct. Cl. 1955)

. . . 204,321.67 0 0 597,171. la Total — Average and constructive average base period net income_ $3,132, 631.67 . . .

COLORADO CONTINENTAL LUMBER CO. v. UNITED STATES, 42 F.2d 327 (Ct. Cl. 1930)

. . . In this suit plaintiff seeks to recover $2,-631.67 alleged to represent tax and interest overpaid for . . .