MARTIN YOUNG PRIVATE INVESTIGATIVE AGENCY, INC., AS ATTORNEY IN FACT FOR JOHN J. IRWIN, APPELLANT/INTERVENOR,
v.
DEPARTMENT OF BANKING AND FINANCE, DIVISION OF FINANCE, APPELLEE/RESPONDENT, AND INTERSTATE ASSET LOCATORS, INC., AS ATTORNEY IN FACT FOR CHASE AND BRADLEY, INC., AS ATTORNEY IN FACT FOR CARLOS A. AND MARIA RODRIGUEZ, BENSON INSURANCE COMPANY AND MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., APPELLEES/PETITIONERS
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The court reversed the Division of Administrative Hearings' award of unclaimed insurance proceeds to creditors, holding that the Division lacked statutory authority to prioritize competing claims and that creditors without judicial process cannot claim an interest in insurance proceeds.
The Division of Administrative Hearings lacked statutory authority to prioritize competing claims to unclaimed insurance proceeds, and judgment creditors without judicial process cannot claim a legal or equitable interest in insurance proceeds.
[1] Judgment creditors cannot claim a legal or equitable interest in insurance proceeds without resorting to judicial process such as execution and delivery of a writ to the…
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Join FLexlaw to unlock all legal intelligenceMartin Young Private Investigative Agency challenged an order awarding unclaimed insurance proceeds to creditors of the apparent owner. The Division h…
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PER CURIAM.
Martin Young Private Investigative Agency, Inc. challenges an order of the Division of Administrative Hearings whereby the Division awarded unclaimed insurance proceeds to creditors of the apparent owner. We reverse the Division’s order. The Division has no statutory authority to prioritize competing claims. See Department of Banking and Finance, Division of Financing v. Martin Young Private Investigating Agency, Inc,, 638 So. 2d 518 (Fla. 1st DCA 1994) (court found Division’s proposed rule to prioritize competing claims invalid “on the ground that there was no statutory authority for the rule.” Id.).
Moreover, the creditors to whom the Division awarded the insurance proceeds were not “owners” pursuant to section 717.101(11), Florida Statutes, because they did not have a “legal or equitable interest” in the subject property. Insurance proceeds are personal property which judgment creditors cannot reach or claim an interest in until after resorting to judicial process. See La-hav Flooring and Fixtures v. Weinstein, 590 So. 2d 1055 (Fla. 3d DCA 1991) (recording of judgment alone does not automatically create a lien on debtor’s personal property; judgment creditor’s lien attaches to personal property and priority is established at the time that the writ of execution is delivered to the sheriff in the county where the personal property is located).
REVERSED.
ZEHMER, C.J., and ALLEN and KAHN, JJ., concur.
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O'Connor v. Nabeel Zane, 79 So. 3d 105 (Fla. 1st DCA 2012)…do not authorize the department to determine the priority of claims that could be asserted by judgment creditors against unclaimed property in its possession. See Martin Young Private Investigative Agency, Inc. v. Department of Banking and Finance, 659 So. 2d 410 (Fla. 1st DCA 1995). However, a judgment creditor does have standing to assert a claim against unclaimed property in the hands of the state in order to obtain a determination that the property does in fact belong to the judgment debtor. Accordingl…
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State of Fla. Dep't OF Fin. Servs. v. O'Connor, 155 So. 3d 479 (Fla. 1st DCA 2015)…do not authorize the department to determine the priority of claims that could be asserted by judgment creditors against unclaimed property in its possession. See Martin Young Private Investigative Agency, Inc. v. Department of Banking and Finance, 659 So. 2d 410 (Fla. 1st DCA 1995). However, a judgment creditor does have standing to assert a claim against unclaimed property in the hands of the state in order to obtain a determi [*482] nation that the property does in fact belong to the judgment debtor. Acc…
Authorities Cited
- Lahav Flooring & Fixtures, Inc. v. Weinstein, 590 So. 2d 1055 (Fla. 3d DCA 1991)
- French Milton v. Singletary, 638 So. 2d 518 (Fla. 1st DCA 1994)
- Dep't of Banking & Fin. v. Martin Young Private Investigating Agency, Inc., 638 So. 2d 518 (Fla. 1st DCA 1994)