House Bill hb1239

    Florida House of Representatives - 2002                HB 1239

        By Representative Fields






  1                      A bill to be entitled

  2         An act relating to insolvent self-insurance

  3         funds; amending s. 631.924, F.S.; increasing a

  4         time period for a stay of proceedings involving

  5         an insolvent self-insurance fund; providing an

  6         effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Section 631.924, Florida Statutes, is

11  amended to read:

12         631.924  Stay of proceedings; reopening of default

13  judgments.--All proceedings in which the insolvent

14  self-insurance fund is a party or is obligated to defend a

15  party in any court or before any quasi-judicial body or

16  administrative board in this state must be stayed for 12 6

17  months, or such additional period from the date the insolvency

18  is adjudicated, by a court of competent jurisdiction to allow

19  proper defense by the association of all pending causes of

20  action as to any covered claims. The stay may be extended for

21  a period of time greater than 12 6 months upon proper

22  application to a court of competent jurisdiction. The

23  association, either on its own behalf or on behalf of the

24  insured, may apply to have any judgment, order, decision,

25  verdict, or finding based on the default of the insolvent

26  self-insurance fund or its failure to defend an insured set

27  aside by the same court or administrator that made the

28  judgment, order, decision, verdict, or finding and may defend

29  against the claim on the merits. If the association so

30  requests, the stay of proceedings may be shortened or waived.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1239

    760-110-02






  1         Section 2.  This act shall take effect upon becoming a

  2  law.

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  5                          HOUSE SUMMARY

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      Increases from 6 months to 12 months the time period for
  7    a stay of proceedings involving an insolvent
      self-insurance fund.
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CODING: Words stricken are deletions; words underlined are additions.