Florida Statute 631.61 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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631.61 Nonduplication of recovery.—

(1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer which is also a covered claim, shall not be required to exhaust first her or his rights under such a policy. Any amount payable on a covered claim under this part shall be reduced by the amount of any recovery under such insurance policy.

(2) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, the person shall seek recovery first from the association of the location of the property, and if it is a workers’ compensation plan, the person shall seek recovery first from the association of the residence of the claimant. Any recovery under this part shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

History.—s. 12, ch. 70-20; s. 119, ch. 79-40; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 413, ch. 97-102.

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Amendments to 631.61

Annotations, Discussions, Cases:

Cases Citing Statute 631.61

Total Results: 5 | Sort by: Relevance | Newest First

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Florida Ins. Guar. Ass'n v. Giordano, 485 So. 2d 453 (Fla. 3d DCA 1986).

Cited 16 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 558

...and is less than $300,000; ... (b) Be deemed the insurer to the extent of its obligation on the covered claims, and, to such extent, shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent. 631.61 Nonduplication of recovery....

...d it acquired all of Reserve's *456 rights, duties and obligations to the insured. Because the insured was an Illinois resident, however, and because Illinois has an insurance guaranty association also, the plaintiff and the insured were directed by section 631.61(2), Florida Statutes (1979), to seek payment first from IGF and then the balance from FIGA....

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Hobbs v. Don Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994).

Cited 11 times | Published | Florida 5th District Court of Appeal | 1994 WL 515723

(section 631.051), grounds for liquidation (section 631.061), rehabilitation orders (section 631.101),

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Guardian Detective & Sec. Agency v. Schreyer, 489 So. 2d 1186 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1236, 1986 Fla. App. LEXIS 8088

...t or bill until over a year after claimant’s hospitalization. Subsequent to the filing of the notice of appeal in this case, the carrier was declared insolvent and the Florida Insurance Guaranty Association (FIGA) became its successor. Pursuant to section 631.61, Florida Statutes (1985), any amount payable on this claim shall be reduced by the amount of any recovery under another insurance policy....

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Florida Off. of Ins. Reg. v. Florida Dep't of Fin. Servs., 159 So. 3d 945 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 3576, 2015 WL 1084929

order directing it to rehabilitate an insurer); § 631.061, Fla. Stat. (authorizing DFS to apply to the court

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Provident Capital Indem., Ltd. v. State ex rel. Dep't of Ins., 654 So. 2d 232 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 4358, 1995 WL 293968

is therefore not applicable to Provident. Section 631.061 permits the department upon specified grounds

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.