FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., APPELLANT,
v.
WAYNE JONES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
FIGA appeals a bench trial judgment requiring it to pay a $50,000 judgment from a 1994 negligence action. The court reversed, holding that Jones's 1998 declaratory action against FIGA was barred by a one-year statute of limitations under Florida law, as the action was not brought within one year of the insolvent insurer's coverage.
The court held that Jones's 1998 declaratory action against FIGA was barred by the one-year statute of limitations under § 631.68, Fla. Stat. (1996). The action was not timely instituted within one year, and the prior 1990 negligence action had no bearing on the subsequent 1998 declaratory action against FIGA.
[1] An action against the Florida Insurance Guaranty Association (FIGA) arising out of coverage provided by an insolvent carrier is barred if not instituted within one year o…
[2] A declaratory action against FIGA is a separate cause of action and does not relate back to a prior negligence action against the insured.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“an action against the insurer and/or the association arising out of the coverage provided by the insolvent carrier is barred if not instituted within the one-year time”
Establishes the applicable one-year statute of limitations for actions against a guaranty association
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJones obtained a $50,000 judgment in 1994 in a negligence action against the insured of an insolvent insurer. On September 22, 1998, Jones filed a dec…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Insurance Guaranty Association (Figa) cases and more on FLexlaw
PER CURIAM.
The Florida Insurance Guaranty Association (FIGA) appeals from a final judgment entered for the plaintiff after a bench trial. For the following reasons, we reverse.
On September 22, 1998, Jones filed this declaratory action against FIGA. Plaintiff asserted that FIGA is responsible for payment of a $50,000 judgment obtained in 1994 in a negligence action against the insured of an insolvent insurer. After a non-jury trial, the trial court entered judgment against FIGA, finding that the suit was not barred by statute of limitations. See § 631.68 Fla. Stat. (1996). FIGA appeals.
The 1998 declaratory action is barred under the one-year limitations period for actions against either the insured or the guaranty association. See § 631.68, Fla. Stat. (1996); Queen v. Clearwater Electric, Inc., 555 So. 2d 1262, 1264 (Fla. 2d DCA 1989) (holding that “an action against the insurer and/or the association arising out of the coverage provided by the insolvent carrier is barred if not instituted within the one-year time”). In this case, the plaintiff sued neither an insured, nor FIGA within the one-year limitations period. The preceding 1990 negligence action against the insured has no bearing on this case.
We have found no authority to support the plaintiffs contention that this 1998 de claratory action against FIGA relates back to the 1990 negligence action against the insured. The 1998 declaratory action is completely separate from the 1990 negligence suit. Cf. Garcia v. McLean, 355 So. 2d 504 (Fla. 1st DCA 1978) (holding that where suit is dismissed and becomes final, with no appeal having been taken, the subsequent suit was a completely new cause of action barred by the expiration of the statute of limitations); Webb v. Chambly, 584 So. 2d 216 (Fla. 4th DCA 1991) (holding that where plaintiffs in negligence action filed claim with FIGA before deadline, but voluntarily dismissed action and re-filed eight months later, action was too late). The suit is barred by section 631.68.
Accordingly, the judgment is reversed and the cause is remanded for entry of final judgment in favor of FIGA. REVERSED AND REMANDED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Betancourt v. Fla. Ins. Guar. Ass'n, Inc., 153 So. 3d 936 (Fla. 2d DCA 2014)…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 insured or the guaranty association”). In opposition to summary judgment, there wa…
Authorities Cited
- Prudential Prop. & Cas. Ins. Co. v. Kalesa, 555 So. 2d 1262 (Fla. 4th DCA 1989)
- Scott v. State, 555 So. 2d 1262 (Fla. 4th DCA 1989)
- Webb v. Chambly, 584 So. 2d 216 (Fla. 4th DCA 1991)
- The Ohio Cas. Grp. v. Parrish, 355 So. 2d 504 (Fla. 3d DCA 1978)