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: District Court of Appeal of Florida | Date Filed: 2022-05-17

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

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. ADAM RUBIN

Court: District Court of Appeal of Florida | Date Filed: 2020-01-29

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: District Court of Appeal of Florida | Date Filed: 2017-02-15

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

Morrison v. Homewise Preferred Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 2017-02-10

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

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

Court: District Court of Appeal of Florida | Date Filed: 2016-04-13

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

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

Zander v. Cima

Court: District Court of Appeal of Florida | Date Filed: 2015-11-13

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’s

Florida Insurance Guaranty Ass'n v. Branco

Court: District Court of Appeal of Florida | Date Filed: 2014-09-19

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: District Court of Appeal of Florida | Date Filed: 2007-02-21

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: District Court of Appeal of Florida | Date Filed: 2003-12-31

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: District Court of Appeal of Florida | Date Filed: 2003-01-17

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

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

Martinez v. Iturbe

Court: District Court of Appeal of Florida | Date Filed: 2002-08-07

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

Radiation Oncology Consultants, P.A. v. Trostle

Court: District Court of Appeal of Florida | Date Filed: 2002-08-02

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: District Court of Appeal of Florida | Date Filed: 2002-06-28

Citation: 820 So. 2d 415, 2002 WL 1390201

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

Skrbic v. QCRC Associates Corp.

Court: District Court of Appeal of Florida | Date Filed: 2000-03-15

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

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

PAYROLL TRANSFERS INTERSTATE v. Forshey

Court: District Court of Appeal of Florida | Date Filed: 1997-04-18

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

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: District Court of Appeal of Florida | Date Filed: 1995-10-24

Citation: 667 So. 2d 334, 1995 WL 619881

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

Snyder v. Douglas

Court: District Court of Appeal of Florida | Date Filed: 1994-12-09

Citation: 647 So. 2d 275, 1994 WL 685608

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

Blizzard v. WH Roof Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-02-22

Citation: 556 So. 2d 1237, 1990 WL 15388

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

What An Idea, Inc. v. Sitko

Court: District Court of Appeal of Florida | Date Filed: 1985-05-30

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: District Court of Appeal of Florida | Date Filed: 1985-03-29

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