Florida Statutes
Fla. Stat. § 631.68 (2025)
Limitation; certain actions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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631.68 Limitation; certain actions.—A covered claim as defined herein with respect to which settlement is not effected and suit is not instituted against the insured of an insolvent insurer or the association within 1 year after the deadline for filing claims, or any extension thereof, with the receiver of the insolvent insurer shall thenceforth be barred as a claim against the association and the insured.
History.—s. 19, ch. 71-970; s. 6, ch. 77-227; s. 809(1st), ch. 82-243; s. 33, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1990–2025 · leading case: Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005).
Jones v. Florida Ins. Guar. Ass'n, Inc., 908 So. 2d 435 (Fla. 2005). “See § 631.68, Fla. Stat. (1995). Jones responded by highlighting the dates of the material events which generated the action against FIGA, all of which Jones argued precluded the filing an action directly against FIGA on or before October 1, 1996.”
Florida Ins. Guar. Ass'n, Inc. v. Mendoza & Llanes, 193 So. 3d 940 (Fla. 3d DCA 2016). “’ § 631.68, Fla. Stat. (2011). 6 . A covered claim means an unpaid claim, including one of unearned premiums, which arises out of, and is within the coverage, and not in excess of, the applicable limits of an insurance policy to which this part applies; issued by an insurer, if…”
Morrison v. Homewise Preferred Ins. Co., 209 So. 3d 682 (Fla. 5th DCA 2017). “§ 631.68, Fla. Stat. (2011). The second statute states that the limitation period applies to “[a]n action against any guaranty association and its insured, with the period running from the date of the deadline for filing claims in the order of liquidation.”
Snyder v. Douglas, 647 So. 2d 275 (Fla. 2d DCA 1994). “1991), one of the issues confronted by the court was whether section 631.68, Florida Statutes (1987), which provides for a shortened statute of limitations in bringing claims under the FIGA Act, violated the access to the courts provision of article I, section 21, of the Florida…”
Florida Ins. Guar. Ass'n, Inc. v. Jones, 802 So. 2d 483 (Fla. 3d DCA 2001). “See § 631.68 Fla. Stat. (1996). FIGA appeals.”
Queen v. Clearwater Elec., Inc., 555 So. 2d 1262 (Fla. 2d DCA 1990). “Section 631.68, Florida Statutes (1983) provides: Limitation; certain actions.”
Florida Ins. Guar. Ass'n, Inc. v. Garcia, 614 So. 2d 684 (Fla. 2d DCA 1993). “§ 631.68, Fla. Stat. (1985). The requirement in the statute that a claim such as Garcia's be presented to the receiver, FIGA, before the filing deadline evinces the legislature's intent to provide a cutoff date subsequent to which FIGA is no longer obligated to accept claims.”
Betancourt v. Florida Ins. Guar. Ass'n, Inc., 153 So. 3d 936 (Fla. 2d DCA 2014). “” Section 631.68 provides as follows: A covered claim as defined herein with respect to which settlement is not effected and suit is not instituted against the insured of an insolvent insurer or the association within 1 year after the deadline for filing claims, or any extension…”
Gonzalez v. Homewise Preferred Ins. Co., 210 So. 3d 260 (Fla. 2d DCA 2017). “FIGA also advised them that the deadline for filing suit against it was the one-year statutory period set forth in section 631.68. Gonzalez and Perdomo subsequently moved to amend their complaint to substitute FIGA for Homewise as the defendant.”
Blizzard v. WH Roof Co., Inc., 573 So. 2d 334 (Fla. 1991). “In 1983 the legislature added the phrase "and the insured" to section 631.68, thereby extending the one-year time limit to actions against insureds and added subsection 95.”
Condo. Ass'n of Golf Villas II, Inc. v. Florida Ins. Guar. Ass'n, Inc. (Fla. 4th DCA 2025). “§ 631.68, Fla. Stat. (2020) (emphasis added).”
Blizzard v. WH Roof Co., Inc., 556 So. 2d 1237 (Fla. 5th DCA 1990). “Section 631.68 provides that a claim covered by Florida Insurance Guaranty Association (FIGA), in regard to which no suit is instituted within one year after the deadline for filing claims with the receiver of an insolvent insurer, is barred as a claim against the association…”
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