Florida Statute 631.68 - 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. 631.68

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.

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Amendments to 631.68

Annotations, Discussions, Cases:

Cases Citing Statute 631.68

Total Results: 14

Jones v. Florida Ins. Guar. Ass'n, Inc.

908 So. 2d 435, 2005 WL 1580606

Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724747

Cited 103 times | Published

with the receiver, or by October 1, 1996. See § 631.68, Fla. Stat. (1995). Jones responded by highlighting

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

issues confronted by the court was whether section 631.68, Florida Statutes (1987), which provides for

Blizzard v. WH Roof Co., Inc.

573 So. 2d 334, 16 Fla. L. Weekly Supp. 73, 1991 Fla. LEXIS 101, 1991 WL 6555

Supreme Court of Florida | Filed: Jan 10, 1991 | Docket: 1695172

Cited 5 times | Published

legislature added the phrase "and the insured" to section 631.68, thereby extending the one-year time limit

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

contains a statute of limitations found in section 631.68, Florida Statutes (2011). Another applicable

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

that Mendoza’s claim is somehow time-barred by section 631.68 are undermined by the relevant provisions within

Florida Ins. Guar. Ass'n, Inc. v. Jones

802 So. 2d 483, 2001 Fla. App. LEXIS 18269, 2001 WL 1645425

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1441476

Cited 2 times | Published

was not barred by statute of limitations. See § 631.68 Fla. Stat. (1996). FIGA appeals. The 1998 declaratory

Florida Ins. Guar. Ass'n, Inc. v. Garcia

614 So. 2d 684, 1993 WL 56800

District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 1509853

Cited 2 times | Published

claim against the association and the insured. § 631.68, Fla. Stat. (1985). The requirement in the statute

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

filing claims in the order of liquidation. Section 631.68 provides that a claim covered by Florida Insurance

Betancourt v. Florida Insurance Guaranty Association, Inc.

153 So. 3d 936, 2014 Fla. App. LEXIS 15858, 2014 WL 5092909

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 1441453

Cited 1 times | Published

filing claims in the order of liquidation.” Section 631.68 provides as follows: A covered claim as

Queen v. Clearwater Elec., Inc.

555 So. 2d 1262, 1989 WL 151453

District Court of Appeal of Florida | Filed: Jan 26, 1990 | Docket: 1724707

Cited 1 times | Published

filing claims in the order of liquidation. Section 631.68, Florida Statutes (1983) provides: Limitation;

Condominium Association of Golf Villas II, Inc. v. Florida Insurance Guaranty Association, Inc.

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998664

Published

its statutory violation claim against FIGA. Section 631.68 provides: A covered claim as defined

Ray Medical Center, Inc., A/A/O Mairo De Leon v. Florida Insurance Guaranty Association

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793056

Published

year of the claims deadline, as required by section 631.68, Florida Statutes.1 The trial court agreed

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

the one-year statutory period set forth in section 631.68. Gonzalez and Perdomo subsequently moved to

Maxwell v. Allison Construction Co.

720 So. 2d 1134, 1998 Fla. App. LEXIS 13917, 1998 WL 771390

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64784375

Published

Affirmed. See § 95.11(5)(d), Fla. Stat. (1995); § 631.68, Fla. Stát. (1995); Miller v. Pagodin, 591 So