FELIX MONTANO, APPELLANT,
v.
FLORIDA INSURANCE GUARANTY ASSOCIATION, APPELLEE
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Affirmed summary judgment for the Florida Insurance Guaranty Association because Montano's claim for uninsured motorist benefits was time-barred under Florida statute, and he had constructive and actual notice of the filing deadline.
A claim for uninsured motorist benefits is time-barred when filed more than twenty months after the deadline set by a circuit court liquidation order, and the claimant had constructive and actual notice of that deadline.
[1] A claim for uninsured motorist benefits filed more than twenty months after a circuit court liquidation order's deadline is time-barred under Sections 95.11(5)(d) and 631…
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Join FLexlaw to unlock all legal intelligenceFelix Montano sought to collect uninsured motorist benefits from the Florida Insurance Guaranty Association after his insurer became insolvent. A circ…
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PER CURIAM.
This is an. appeal by the plaintiff Felix Montano from an adverse final summary judgment entered in favor of the defendant Florida Insurance Guaranty Association in an action to collect uninsured motorist benefits. We affirm based on a holding that (a) the claim was time barred under Sections 95.11(5)(d), 631.68, Florida Statutes (1987), because, without dispute, the instant action was filed approximately twenty (20) months after the deadline set for such claims by a Florida circuit court order of liquidation involving the plaintiff’s insolvent insurer. Beyond that, we are not persuaded by the plaintiff’s due process denial claims because (1) the plaintiff had constructive notice by publication of the aforesaid circuit court order, (2) the plaintiff made no evidentiary showing below that he had no actual knowledge of said order, and (3) the plaintiff conceded below that he had actual knowledge of his insurer’s insolvency. See First Fed. Sav. & Loan Ass’n v. Fisher, 60 So. 2d 496, 499 (Fla.1952); Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254, 1257 (Fla. 4th DCA 1984); Applefield v. Commercial Standard Ins. Co., 176 So. 2d 366, 377 (Fla. 2d DCA 1965), cert. denied, 183 So. 2d 209 (Fla.1965); cf. Mall Bank v. State ex rel. Dept. of Ins., 506 So. 2d 460 (Fla. 1st DCA), rev. denied, 518 So. 2d 1276 (Fla.1987).
AFFIRMED.
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Blizzard v. W.H. Roof Co., Inc., 556 So. 2d 1237 (Fla. 5th DCA 1990)…tion without help from the insurer. Since FIGA may have to defend an action brought against the insured/policyholder, the state has the right to limit the time frame for bringing such an action. See Montano v. Florida Insurance Guaranty Association, 535 So. 2d 658 (Fla. 3d DCA 1988), appeal dismissed, 542 So. 2d 989 (Fla.1989). We also find no merit in Blizzard’s final argument. He contends the legislature has improperly allowed an agency [*1239] (FIGA as receiver) to declare what the law is or has allowed t…
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Betancourt v. Fla. Ins. Guar. Ass'n, Inc., 153 So. 3d 936 (Fla. 2d DCA 2014)…year of the deadline for filing claims provided in the order of liquidation. See Fla. Ins. Guar. Ass’n v. Garcia, 614 So. 2d 684, 685 (Fla. 2d DCA 1993); Webb v. Chambly, 584 So. 2d 216, 216-17 (Fla. 4th DCA 1991); Montano v. Fla. Ins. Guar. Ass’n, 535 So. 2d 658, 659 (Fla. 3d DCA 1988); see also Fla. Ins. Guar. Ass’n v. Jones, 802 So. 2d 483, 483 (Fla. 3d DCA 2001) (citing section 631.68 and stating that a declaratory action was “barred under the one-year limitations period for actions against either the in…
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Madelyn Miller v. Pagodin, 591 So. 2d 677 (Fla. 4th DCA 1992)…utual’s insolvency, and she was in contact with FIGA before the statute of limitations expired. The matter of whether notice by publication is sufficient under such circumstances has been decided in Montano v. Florida Insurance Guaranty Association, 535 So. 2d 658 (Fla. 3d DCA 1988), and we agree with the opinion of the third district in that case. There was no violation of the appellant’s due process rights. We also note that the Florida Supreme Court has specifically upheld the constitutionality of section…
Authorities Cited
- Symons Corp. v. Tartan-Lavers Delray Beach, Inc., 456 So. 2d 1254 (Fla. 4th DCA 1984)
- First Fed. Sav. & Loan Ass'n of Miami v. Fisher, 60 So.2d 496 (Fla. 1952)
- Doyle E. Workinger v. Klein, 176 So. 2d 366 (Fla. 2d DCA 1965)
- Sirmons v. D. C. White Homes, Inc., 176 So. 2d 366 (Fla. 2d DCA 1965)
- Blake v. State, 183 So. 2d 209 (Fla. 1965)
- Williams v. State, 183 So. 2d 209 (Fla. 1965)
- The Mall Bank v. State, 506 So. 2d 460 (Fla. 1st DCA 1987)