CopyCited 13 times | Published | Supreme Court of Florida | 2001 WL 1095308
...that the policy limits had been exhausted where the underlying insurance policy had a "declining balance" clause, and the total expended for defense and settlement funds had reached FIGA's statutory limit. [6] Rosen asserts that Cope and its progeny are inapplicable because section 631.193, Florida Statutes (1997), provides an automatic release of the insured upon filing a claim with the receiver, while allowing a cause of action to be maintained against FIGA....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...1979) (statute that required a lessor to deposit rents into court registry during litigation over a condominium lease, could not be applied retroactively in that the lessor had not expressly consented to incorporation of the provision into the lease). As to issue X, the providers assert that the court had no authority under Section 631.193, Florida Statutes (1989), to release the employers and employees from further liability upon the filing of a claim by a provider with the receiver. Moreover, the providers argue that the filing of their claims should not release employees from *441 liability for pre-October 1, 1989 claims. Section 631.193 provides, in part, The filing of a claim constitutes a release of the insured from liability to the claimant to the extent of the coverage or policy limits provided by the insolvent insurer....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2037
...The trial court held that pursuant to Section
631.011(10), [1] Florida Statutes (1985), Ch. 631, Florida Statutes (1985), the "Insurers Rehabilitation and Liquidation Act" governs foreign insolvent insurers with insureds in this state, and that once an election to seek relief under section
631.193, [2] Florida Statutes (1985) is made the insured is released, and furthermore that such election may not be withdrawn....
...er s.
624.03, also includes persons purporting to be insurers or organizing, or holding themselves out as organizing, in this state for the purpose of becoming insurers and all insurers who have insureds resident in this state. (Emphasis added.) [2]
631.193 Releases The filing of a claim constitutes a release of the insured from liability to the claimant to the extent of the coverage or policy limits provided by the insolvent insurer....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1989 WL 151453
...[4] "And" may sometimes be construed as "or." Land & Lake Ass'n v. Conklin, 182 A.D. 546, 170 N.Y.S. 427, 428 (1918). [5] We note that Queen intentionally declined to file a claim in the insolvency proceeding to avoid the possibility of a release. See § 631.193, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 9999
...1979) (statute that required a lessor to deposit rents into court registry during litigation over a condominium lease, could not be applied retroactively in that the lessor had not expressly consented to incorporation of the provision into the lease). As to issue X, the providers assert that the court had no authority under Section 631.193, Florida Statutes (1989), to release the employers and employees from further liability upon the filing of a claim by a provider with the receiver. Moreover, the providers argue that the filing of their claims should not release employees from *441 liability for pre-October 1, 1989 claims. Section 631.193 provides, in part, The filing of a claim constitutes a release of the insured from liability to the claimant to the extent of the coverage or policy limits provided by the insolvent insurer....
CopyPublished | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 4004, 1997 WL 185606
...The employer, who was the insured under the policy of workers' compensation insurance, is not entitled to the protection of the stay provision contained in section
631.041. PTI also asserts that it was an error on the merits to award benefits because the employer was released from liability to the claimant, pursuant to section
631.193, Florida Statutes (1995), by virtue of the claimant having filed a proof of claim in the receivership proceedings....
...ers' Compensation to the Florida Department of Insurance. See Chapter 93-415, § 76, Laws of Florida. One of the effects of transferring these provisions to chapter 631 from chapter 440 may have been to incorporate the release provision contained in section 631.193 into workers' compensation jurisprudence after July 1, 1994....
...The JCC ruled in the alternative below that this release provision was not applicable in these workers' compensation proceedings because the statutory release was not approved by the JCC pursuant to section
440.22, Florida Statutes. We need not reach that question today. Even if the automatic release provision in section
631.193, Florida Statutes (1995), now applies when a workers' compensation insurer becomes insolvent, precluding workers' compensation claimants who have filed a proof of claim in a receivership from seeking benefits directly from the employe...
...'s liability from what it was when injury occurred and thus did not apply retroactively). We conclude that the JCC correctly declined to stay the proceedings below and did not err in awarding benefits to the claimant because the release provision in section 631.193 was inapplicable to bar this claim....
