CopyCited 40 times | Published | Supreme Court of Florida
...It is this order that is subjected to review by petition for certiorari. The petitioner-widow contends that her acquittal in the criminal proceeding precludes any assault on her right to receive the proceeds of the insurance policy as the designated beneficiary and further that Section 222.13, Florida Statutes, F.S.A., controls distribution of the proceeds of an insurance policy to the exclusion of other considerations....
...The respondents, father and administratrix, contend that acquittal in the criminal case is material only under Section 731.31, Florida Statutes, F.S.A., relating to inheritance by an alleged "murderer" but has no relevancy to the pending question and that Section 222.13, Florida Statutes, F.S.A., is an "exemption statute" rather than a distribution statute....
...We have considered Section 731.31, supra, in other cases to be mentioned later. None of these cases, however, involved *157 life insurance contracts and our present consideration leads us to the conclusion that this section clearly does not apply to the controversy before us. Section 222.13, Florida Statutes, F.S.A., offers no greater difficulty....
...tatute that protects the proceeds of a life insurance policy against the demands of creditors in certain cases. It was so construed in Milan v. Davis,
97 Fla. 916,
123 So. 668 (see particularly opinion On Petition for Rehearing). The conclusion that Section
222.13, Florida Statutes, F.S.A., is obviously an exemption statute and has no bearing on the problem before us is in some measure supported by the fact that it has consistently been included as a part of Chapter 222 dealing with "Homestead a...
CopyCited 18 times | Published | District Court of Appeal of Florida
...that appellants are entitled to be subrogated to their claims against the appellee to the extent that the proceeds of said insurance are applied on account of appellee's obligations to the assignees. Appellants claim to derive their interests under Section 222.13, Florida Statutes 1957, F.S.A., [1] the pertinent provisions of which are as follows: "Whenever any person shall die in this state leaving insurance on his life, the said insurance shall inure exclusively to the benefit of the child or...
...Orr & Company and Westfield Corporation may have against the defendant Asphalt Paving, Inc., or upon which said widow or children or said Executrix are entitled to any judgment in this cause against said defendant." It is evident that the purpose of Section 222.13, Florida Statutes 1957, F.S.A., supra, is to limit the disposition of life insurance proceeds in such manner as to afford the greatest benefit to the surviving spouse and children of the insured, while preserving to the insured the pow...
...The cited suit was brought to recover on the policy, and the daughter of the insured assignor, to the exclusion of the bank and in the face of the assignment, claimed the proceeds of the policy under the provisions of Section 7065, C.G.L., which substantially parallels the within quoted provisions of Section 222.13, Florida Statutes 1957, F.S.A....
...Reversed and remanded for proceedings consistent herewith. WIGGINTON, C.J., and CARROLL, DONALD K., J., concur. NOTES [1] The order appealed was entered June 2, 1959, prior to the effective date of Chapter 59-333, Laws of Florida 1959 (incorporated as Section 222.13, Florida Statutes, 1959, F.S.A.) whereby Section 222.13, Florida Statutes 1957, was amended in major particulars that do not, however, affect the issues on this appeal.
CopyCited 11 times | Published | Supreme Court of Florida | 154 Fla. 446, 1944 Fla. LEXIS 730
that such proceeds inured to her by virtue of Section
222.13, Florida Statutes, 1941. Certain motions were
CopyCited 11 times | Published | District Court of Appeal of Florida
...Orr & Company, Inc. (herein called "Westfield" and "Orr"), against the appellant, Asphalt Paving, Inc. (herein called "Asphalt"), one of the defendants below. Their claim of subrogation is based on the theory that they were the beneficiaries (under Section 222.13, Florida Statutes [1] ) of two $25,000 insurance policies on Ulery's life, who prior to death had assigned the policies to Westfield and Orr, respectively, as collateral security for debts of Asphalt, and that upon Ulery's death the en...
...8, at which time Asphalt owed Westfield and Orr, respectively, amounts in excess of the proceeds of the respective policies assigned; that at the time of Ulery's death there was no named beneficiary in either of the policies and that by operation of Section 222.13, Florida Statutes, F.S.A., appellees became the beneficiaries thereof, subject only to said assignments to Westfield and Orr; that defendant Gulf Life Insurance Company refused to pay the proceeds of the policies either to Westfield and Orr or to the appellees....
...Holding, as we do, that Asphalt's amended answer states a lawful defense that should be put to proof, the order appealed must be and it is reversed. This cause *380 is remanded for proceedings consistent herewith. Reversed. CARROLL, DONALD K., C.J., and RAWLS, J., concur. NOTES [1] F.S. 222.13, F.S.A., provides: "Life insurance policies; disposition of proceeds....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 1990 Bankr. LEXIS 744
...However, there is far more authority for this Court's conclusion than the verbal differences. In Milam v. Davis,
97 Fla. 916,
123 So. 668, cert. denied,
280 U.S. 601,
50 S.Ct. 82,
74 L.Ed. 646 (1929), the Florida Supreme Court decided the constitutionality under the state constitution of the predecessor of §
222.13, Florida Statutes, [11] the Act of *792 1872, chapter 1864, which then faced an attack similar to the trustee's assault....
...When the statute was enacted in 1925, the Florida Constitution of 1885 was in effect and it contained virtually the same language as does the 1968 Constitution in exempting "one thousand dollars worth of personal property." Fla. Const. of 1885, art. X, § 1. [12] Just as Milam v. Davis said of § 222.13's predecessor, the legislation "was apparently not regarded as being violative of the exemption article," 123 So....
...exceeding in value the sum of five hundred dollars in addition to his or her wearing apparel, and that of his or her family, shall be exempt from seizure on attachment, or sale on execution, or other process from any court on debt by contract. [11] 222.13 Life insurance policies; disposition of proceeds....
CopyCited 4 times | Published | District Court of Appeal of Florida
...Carter, supra, where the administratrix also sought recovery for the estate, it was held that a beneficiary in a similar situation "necessarily must be considered as having reference to * * * a beneficiary eligible to take", and the estate was denied recovery. F.S. § 222.13, F.S.A. provides that insurance proceeds shall pass outside probate and inure to the benefit of the children and surviving spouse. Virginia is not "entitled" as a beneficiary; neither is she qualified indirectly under the provisions of § 222.13....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 619184
...NOTES [1] Swenszkowski is not seeking the insurance proceeds, which would have been paid to the mortgagee, but rather is seeking reimbursement of payments he was not required to make after the decedent's death by virtue of the credit life insurance. Thus, section 222.13(1), Florida Statutes (1989), does not bar Swenszkowski's claim.
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 723, 2009 Bankr. LEXIS 1027, 2009 WL 1059190
...On January 3, 2008, the Chapter 7 Trustee filed a Motion to Turn Over Property of the Estate. (Doc. 68). On January 14, 2008, Judith Morrison filed an Amendment to her Bankruptcy Schedules and disclosed a "100% ownership" interest in the insurance policy. She also claimed the interest as exempt pursuant to §
222.13 and §
222.14 of the Florida Statutes....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 1994 Bankr. LEXIS 1422
...s the annuitant, and not the third party who might become entitled to the annuity proceeds upon the death of the annuitant. The Trustee compares the beneficiary of an annuity to the beneficiary of a life insurance policy. While under Florida Statute 222.13, the proceeds of a life insurance policy are exempt from the claims of creditors of the insured, they are not exempt from the claims of creditors of the beneficiaries....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 288, 1995 Bankr. LEXIS 1914, 1995 WL 787907
...n to this claim by the Trustee should be overruled and the claim allowed. This leaves for consideration the Debtor's claim of exemption of the proceeds of the life insurance policies which, according to the Debtor, are exempt pursuant to Fla.Stat. §§
222.13 and
222.14....
...§
222.14 is clearly inapplicable in that this Statute exempts the debtors interest in annuities and the cash surrender value of life insurance policies and has nothing to do with the proceeds of life insurance policies which is governed by Fla.Stat. §
222.13....
...ced. This is so because the claim of exemptions in Zeitz was asserted pursuant to Fla.Stat. §
222.14 and related to an annuity contract rather than to a life insurance policy. Moreover, Zeitz by way of dicta made it clear that while under Fla.Stat. §
222.13 the proceeds of the life insurance policy are exempt from the claims of creditors of the insured, they are not exempt from the claims of creditors of the beneficiary under the insurance policies. In the case of In re Butcher,
62 B.R. 162 (Bankr.E.D.Tenn.1986), where the claim of exemption was also based on Fla.Stat. §
222.14, the Court noted that while both §§
222.13 and
222.14 prevents creditors of the insured from reaching the proceeds intended for the beneficiary, these Statutes were not intended to protect such proceeds from the claims of the beneficiary's own creditors. The bankruptcy court considering the statute of North Carolina § 1C-1601(a)(6), a statute similar to Fla.Stat. §
222.13 involved here, in the case of In re Sharik, 41 B.R....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1972 Fla. App. LEXIS 7085
...the life insurance proceeds be distributed and turned over to her son, L.C.B., whom she claimed to be the natural (although illegitimate) child of decedent and, in the absence of any surviving spouse or other surviving children, entitled under F.S. § 222.13 F.S.A....
...eck received from R.L.B. for the account of L.B. This Court is unable to make the finding that the above facts constitute `an acknowledgment in writing' that the child is the son of R.L.B., Deceased. Despite the many subsequent amendments to Chapter 222.13 Florida Statutes the status and posture of said Statute must be determined as of the date of death of the Decedent, R.L.B. Under said Chapter 222.13 Florida Statutes it is provided that insurance made payable to the estate shall devolve to the spouse and children in equal shares....
...rom the father `who in writing, signed in the presence of a competent witness, acknowledges himself to be the father.' The third Statute which does not refer to illegitimate children is the Statute here under consideration, to-wit: Chapter [Section] 222.13....
...nd husband or wife of such person in equal proportions, ...' In the Case of in re Alworth's Estate, [Fla.App.] 151 Southern Second 478 the Honorable Judge Wigginton stated that the 1959 Amendments to the Statute effectively made the Statute (Chapter 222.13) a part of the probate law of Florida, ......
...ute with which this Court is concerned. To do so would completely defeat the Statute as it was then worded for under such contention a widow would be able to claim dower in such insurance proceeds, for such is allowed by the probate Statute. Chapter 222.13, however, completely nullifies this selection inasmuch as it states very clearly that a widow and surviving children shall *208 take equally. The Court therefore reaches the conclusion that the Probate Statute should not be read into Chapter 222.13 so as to bar a person who had been acknowledged to be the child of the deceased father from taking the insurance proceeds merely because the father had not acknowledged him in writing....
...The Caldwell Case at no time dealt with the right of an illegitimate son to inherit from its acknowledged father. This Court is of the opinion that the princip al operating under the Workmen's Compensation Act is the princip al that should govern in this particular case. This Court feels that Chapter 222.13 should be construed to mean exactly what it says, to-wit: child or children. It is therefore felt by the Court that the requirement that the child be acknowledged in writing is not necessary to take under Chapter 222.13, and that such a requirement would constitute an unconstitutional deprivation of rights if applied to the facts of this case. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the child, L.C.B., is declared to be the individual set forth in Chapter 222.13 who shall take the insurance proceeds that were payable to the Estate of R.L.B., Deceased....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 21 Fla. L. Weekly Fed. B 247, 2007 Bankr. LEXIS 4577, 2007 WL 5037681
...the amendment. The case cited by the Trustee upon rehearing is the case of Milam v. Davis,
97 Fla. 916,
123 So. 668, 690, cert. denied
280 U.S. 601,
50 S.Ct. 82,
74 L.Ed. 646 (1929). In Milam, the Supreme Court of Florida considered Florida Statute
222.13, the life insurance policy exemption, and held that the Statute was constitutional stating that the "organic provision exempting a stated amount of general personal property of the insured is not exclusive and is not a limitation upon any and...
CopyPublished | District Court, N.D. Florida | 1951 U.S. Dist. LEXIS 3958
provisions of the will. The applicable Statute, Section
222.13 F.S.A.1941, is as follows : “Whenever any person
CopyPublished | District Court of Appeal of Florida
which the chancellor construed and applied F.S. §
222.13, F.S.A., relating to the disposition of proceeds
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4893
specifically bequeathed and in accordance with F.S.A. §
222.13 were the property of his ward. The guardian further
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13656
heir *609under the intestate laws and Fla.Stat. §
222.13 (1973). The trial court determined the issue in
CopyPublished | Supreme Court of Florida | 1957 Fla. LEXIS 3578
sought to have the exemptions provided by F.S. §
222.13, F.S.A., applied to the life insurance policies
CopyPublished | District Court of Appeal of Florida
ground that the order entered improperly ignored section
222.13, Fla.Stat., F.S.A. which provides, among other
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5806
children in equal portions pursuant to Fla.Stat. §
222.13, F.S.A. After a hearing, the county judge entered
CopyPublished | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3556
7065, Compiled General Laws of Florida 1927, and §
222.13, Florida Statutes 1941. No material amendments
