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Florida Statute 631.70 | Lawyer Caselaw & Research
F.S. 631.70 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

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Arrestable Offenses / Crimes under Fla. Stat. 631.70
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.70.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DE LA FUENTE, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 202 So. 3d 396 (Fla. 2016)

. . . claims” (as defined by statute) of the insolvent insurer in accordance with sections 631.50 through 631.70 . . .

MILLER, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 200 So. 3d 200 (Fla. Dist. Ct. App. 2016)

. . . Miller then sought attorney’s fees pursuant to section 631.70, Florida Statutes (2009). . . . Section 631.70 states: The provisions of s. 627.428 providing for an attorney’s fee shall not be applicable . . . But although Miller met the threshold requirement for' attorney’s fees under section 631.70, the trial . . . These provisions are both very different from the language of section 631.70 that allows the insured . . . Section 631.70 allows the insured to collect attorney’s fees from FIGA but only “when the association . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. WATERS,, 157 So. 3d 437 (Fla. Dist. Ct. App. 2015)

. . . activated FIGA to handle the covered claims of the insolvent insurer pursuant to sections 631.50 through 631.70 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. DE LA FUENTE, 158 So. 3d 675 (Fla. Dist. Ct. App. 2015)

. . . claims” (as defined by statute) of the insolvent insurer in accordance with sections 631.50 through 631.70 . . .

GENA, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 85 So. 3d 1143 (Fla. Dist. Ct. App. 2012)

. . . of limitations expired constituted a denial of her claim by affirmative action pursuant to section 631.70 . . . Section 631.70, Florida Statutes (2007), provides that “[t]he provisions of s. 627.428 providing for . . . By including the “other than delay” language in section 631.70, the Legislature was obviously aware that . . . Appellant’s claims defacto, it is required to pay Appellant’s attorney’s fees under sections 627.428(1) and 631.70 . . . Under section 631.70, Florida Statutes, attorney’s fees are payable to an insured that prevails in litigation . . . As Appellant persuasively argues, the only logical interpretation of section 631.70 is to relieve FIGA . . . Reading sections 627.428(1) and 631.70, in pari materia, as we must, FIGA, acting in place of the insolvent . . .

RAHABI v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 71 So. 3d 241 (Fla. Dist. Ct. App. 2011)

. . . .” § 631.70, Fla. Stat. (2010). We agree with the insureds and reverse. . . . [FIGA’s] affirmative defenses do not constitute an affirmative denial pursuant to Florida Statute § 631.70 . . . to recover their attorney’s fees because FIGA denied their covered claim “by affirmative action.” § 631.70 . . . We conclude that FIGA denied the insureds’ claim “by affirmative action.” § 631.70, Fla. . . . deni(al) by affirmative action, other than delay, (of) a covered claim” within the meaning of section 631.70 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. SMOTHERS,, 65 So. 3d 541 (Fla. Dist. Ct. App. 2011)

. . . Insurance Guaranty Association (FIGA) appeals an award of attorney’s fees against it, pursuant to section 631.70 . . . We review the trial court’s interpretation of sections 631.70 and 627.428 de novo. Fla. Ins. Guar. . . . Jones, 908 So.2d at 453 (citing § 631.70, Fla. Stat. (2008)). Here, FIGA never denied coverage. . . . Section 631.70, Florida Statutes, states: The provisions of s. 627.428 providing for an attorney’s fee . . . Section 631.70 unambiguously creates the boundaries of FIGA’s liability for attorney’s fees. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. EHRLICH, 82 So. 3d 849 (Fla. Dist. Ct. App. 2011)

. . . Section 631.70 excludes FIGA from the provisions of section 627.428, “except when the association denies . . . affirmative defense was an “affirmative action,” triggering appellant’s obligation to pay fees under section 631.70 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. BINI, 126 So. 3d 269 (Fla. Dist. Ct. App. 2010)

. . . See § 631.70, Fla. Stat. (2009); Fla. Ins. Guar. Ass’n v. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. PETTY, 44 So. 3d 1191 (Fla. Dist. Ct. App. 2010)

. . . Section 631.70 of the Act addresses the applicability of section 627.428 to claims presented to FIGA, . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. L. SOTO,, 979 So. 2d 964 (Fla. Dist. Ct. App. 2008)

. . . attorney’s fees and costs incurred by the insured under section 627.428 after the insolvency — section 631.70 . . .

JONES, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 908 So. 2d 435 (Fla. 2005)

. . . FIGA is an insurance guaranty association created by and governed under sections 631.50-631.70 of the . . . Attorney’s fees may also be awarded pursuant to section 631.70 of the Florida Statutes when FIGA denies . . . See § 631.70. . . . Section 631.70 of the Florida Statutes provides that attorneys’ fees shall not be applicable to any claim . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. Co. v. ALL THE WAY WITH BILL VERNAY, INC., 864 So. 2d 1126 (Fla. Dist. Ct. App. 2003)

. . . to an award of attorney’s fees for prosecuting the declaratory judgment action pursuant to sections 631.70 . . .

DILME, Jr. v. SBP SERVICE, INC., 649 So. 2d 934 (Fla. Dist. Ct. App. 1995)

. . . The judge of compensation claims specifically relied upon section 631.70, Florida Statutes. . . . Section 631.70, Florida Statutes (1993), provides that the “provisions of s. 627.428 providing for an . . . FIGA’s argument that section 631.70 applies to an award of attorney’s fees under section 440.34, Florida . . . Liability for' attorney’s fees under section 440.34 is unaffected by section 631.70. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. JACQUES,, 643 So. 2d 101 (Fla. Dist. Ct. App. 1994)

. . . The trial court based its award upon sections 631.70 and 627.428, Florida Statutes. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. PILINGS STRUCTURES, INC., 616 So. 2d 532 (Fla. Dist. Ct. App. 1993)

. . . . §§ 631.50-631.70, Fla. Stat. (1985). . . .

SANDREW CONSTRUCTION v. D. DeFOURNY,, 515 So. 2d 1351 (Fla. Dist. Ct. App. 1987)

. . . defeat the statutory scheme of the Florida Insurance Guaranty Association law, Chapter 631.50 through 631.70 . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. C. TRAWICK,, 491 So. 2d 621 (Fla. Dist. Ct. App. 1986)

. . . Appellees’ motion for attorneys’ fees pursuant to section 631.70, Florida Statutes (Supp.1982), is granted . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. GIORDANO,, 485 So. 2d 453 (Fla. Dist. Ct. App. 1986)

. . . Attorney’s fees may be awarded pursuant to section 631.70, Florida Statutes (1981), when FIGA denies . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, v. GUSTINGER, Jr., 390 So. 2d 420 (Fla. Dist. Ct. App. 1980)

. . . FIGA invokes, however, Section 631.70, Florida Statutes (1979), which was enacted in 1977, apparently . . . action, other than delay, [of] a covered claim,” within the meaning of the exception provided by Sec. 631.70 . . . FIGA’s liability under that statute is unaffected by Sec. 631.70. . . .