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Florida Statutes, Title XXXVII

Florida/Statutes

← All Florida coverage

Title XXXVII, Insurance

19 chapters · 2,278 sections in this title.

All chapters in Title XXXVII2,278 Ch 627, Insurance Rates and Contracts626 Ch 626, Insurance Field Representatives and …368 Ch 624, Insurance Code: Administration and G…222 Ch 641, Health Care Service Programs165 Ch 634, Warranty Associations154 Ch 631, Insurer Insolvency; Guaranty of Payment150 Ch 628, Stock and Mutual Insurers; Holding C…100 Ch 633, Fire Prevention and Control89 Ch 636, Prepaid Limited Health Service Organ…79 Ch 625, Accounting, Investments, and Deposit…78 Ch 651, Continuing Care Contracts54 Ch 648, Bail Bond Agents49 Ch 629, Reciprocal Insurers35 Ch 632, Fraternal Benefit Societies35

150 sections·Filtered byTitle XXXVII✕Ch 631✕

Fla. Stat. § 631.001 Title, construction, and purpose
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(1) This part constitutes and may be cited as the “Insurers Rehabilitation and Liquidation Act.”(2) This part shall be liberally construed to effect the purposes of this part.(3) The purposes of this part, which are integral elements of the regulation of the business of insurance…
Fla. Stat. § 631.011 Definitions
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For the purpose of this part, the term:(1) “Affiliate” means any entity which exercises control over or is controlled by the insurer, directly or indirectly through:(a) Equity ownership of voting securities;(b) Common managerial control; or(c) Collusive participation by the manag…
Fla. Stat. § 631.015 Reciprocity; treatment of policyholders
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Reciprocity in the treatment of policyholders in receivership is extended to those states which, in substance and effect, enact the National Association of Insurance Commissioners Rehabilitation and Liquidation Model Act, the Uniform Insurers Liquidation Act, or the Insurer Recei…
Fla. Stat. § 631.021 Jurisdiction of delinquency proceeding; venue; change of venue; exclusiveness of remedy; appeal; construction
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(1) The circuit court shall have original jurisdiction of any delinquency proceeding under this chapter, and any court with jurisdiction is authorized to make all necessary or proper orders to carry out the purposes of this chapter. Any delinquency proceeding in this chapter is i…

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Fla. Stat. § 631.025 Persons subject to this part

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Delinquency proceedings authorized by this part may be initiated against any insurer, as defined in s. 631.011(15), if the statutory grounds are present as to that insurer, and the court may exercise jurisdiction over any person required to cooperate with the department and offic…

Fla. Stat. § 631.031 Initiation and commencement of delinquency proceeding

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(1) Upon a determination by the office that one or more grounds for the initiation of delinquency proceedings exist pursuant to this chapter and that delinquency proceedings must be initiated, the Director of the Office of Insurance Regulation shall notify the department of such …

Fla. Stat. § 631.041 Automatic stay; relief from stay; injunctions

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(1) An application or petition under s. 631.031 operates as a matter of law as an automatic stay applicable to all persons and entities, other than the receiver and the office, which shall be permanent and survive the entry of an order of conservation, rehabilitation, or liquidat…

Fla. Stat. § 631.042 Extension of time

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(1) With respect to any action by or against an insurer, no statute of limitations or defense of laches shall run between the date the department files a petition for a delinquency proceeding against an insurer and the date the court enters an order granting or denying that petit…

Fla. Stat. § 631.051 Grounds for rehabilitation; domestic insurers

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The department may petition for an order directing it to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds, that the insurer:(1) Is impaired or insolvent;(2) Has failed to comply with an order of the office to …

Fla. Stat. § 631.0515 Appointment of receiver; insurance holding company

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A delinquency proceeding pursuant to this chapter constitutes the sole and exclusive method of dissolving, liquidating, rehabilitating, reorganizing, conserving, or appointing a receiver of a Florida corporation which is not insolvent as defined by s. 607.01401; which through its…

Fla. Stat. § 631.061 Grounds for liquidation

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The department may apply to the court for an order appointing it as receiver (if its appointment as receiver is not then in effect) and directing it to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this s…

Fla. Stat. § 631.071 Grounds for conservation; foreign insurers

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The department may apply to the court for an order appointing it as receiver or ancillary receiver, and directing it to conserve the assets within this state, of a foreign insurer upon any of the following grounds:(1) Upon any of the grounds specified in s. 631.051 or s. 631.061,…

Fla. Stat. § 631.081 Grounds for conservation; alien insurers

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The department may apply to the court for an order appointing it as receiver or ancillary receiver, and directing it to conserve the assets within this state, of any alien insurer upon any of the following grounds:(1) Upon any of the grounds specified in s. 631.051 or s. 631.061;…

Fla. Stat. § 631.091 Grounds for ancillary liquidation; foreign insurers

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The department may apply to the circuit court for an order appointing it as ancillary receiver of, and directing it to liquidate the business and assets of, a foreign insurer which has assets, business, or claims in this state upon the appointment in the domiciliary state of such…

Fla. Stat. § 631.101 Order of rehabilitation; termination

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(1) An order to rehabilitate a domestic insurer shall direct the department forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary…

Fla. Stat. § 631.111 Order of liquidation; domestic insurers

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(1) An order to liquidate the business of a domestic insurer shall direct the department forthwith to take immediate possession of the property of the insurer, to marshal all the assets of the insurer, to liquidate its business, to deal with the insurer’s property and business in…

Fla. Stat. § 631.112 Subordination of claims for noncooperation

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If an ancillary receiver or another person performing the duties associated with an ancillary receiver in another state or foreign country fails to transfer to the domiciliary liquidator in this state any assets within her or his control other than special deposits, diminished on…

Fla. Stat. § 631.121 Order of liquidation; alien insurers

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An order to liquidate the business of a United States branch of an alien insurer having trusteed assets in this state shall be in the same terms as those prescribed for domestic insurers, save and except only that the assets of the business of such United States branch shall be t…

Fla. Stat. § 631.131 Order of conservation or ancillary liquidation of foreign or alien insurers

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(1) An order to conserve the assets of a foreign or alien insurer shall require the department forthwith to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court.(2) An order to liquidate the assets in t…

Fla. Stat. § 631.141 Conduct of delinquency proceeding; domestic and alien insurers

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(1) Whenever under this chapter a receiver is to be appointed in a delinquency proceeding for a domestic or alien insurer, the court shall appoint the department as such receiver. The court shall order the department forthwith to take possession of the assets of the insurer and t…

Fla. Stat. § 631.152 Conduct of delinquency proceeding; foreign insurers

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(1) Whenever under this chapter an ancillary receiver is to be appointed in a delinquency proceeding for an insurer not domiciled in this state, the court shall appoint the department as ancillary receiver. The department shall file a petition requesting the appointment on the gr…

Fla. Stat. § 631.1521 Actions by and against the receiver

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(1) An allegation by the receiver of improper or fraudulent conduct against any person may not be the basis of a defense by a third party to the enforcement of a contractual obligation owed to the insurer. This section does not bar a third party from the right to raise a defense …

Fla. Stat. § 631.1522 Unrecorded obligations and defenses and claims of affiliates

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(1) In any proceeding or claim by the receiver, an affiliate, a controlled or controlling person, or a present or former officer, manager, director, trustee, or shareholder of the insurer may not assert any defense unless:(a) Evidence of the defense was recorded in the books and …

Fla. Stat. § 631.153 Intervention; exclusiveness of claims procedure

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No person shall be allowed to intervene in any delinquency proceeding in this state brought under this chapter for the purpose of seeking or obtaining payment of any judgment, lien, or other claim of any kind. The claims procedure set out in ss. 631.161, 631.171, 631.181, 631.182…

Fla. Stat. § 631.154 Funds, assets, or other property in the possession of third person

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(1) If the receiver determines that funds, assets, or property in the possession of another person are rightfully the property of the estate, the receiver shall deliver to such person a written demand for immediate delivery of the funds, assets, or property to the receiver, refer…

Fla. Stat. § 631.155 Agents’ balances; premiums and unearned commissions

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Premiums and unearned commissions which have been collected on behalf of an insurer by an agent, agency, or other entity or person constitute an asset of the insurer for which the agent, agency, or other entity or person has a duty to account to the receiver and to pay over amoun…

Fla. Stat. § 631.156 Investigation by the department; scope of authority; sharing of materials

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(1) The department may, under the direction and supervision of the receivership court, conduct an investigation to determine the causes of the insolvency, including whether false statements filed with the department contributed to the insolvency and if any laws of this state, any…

Fla. Stat. § 631.157 Civil action by the receiver

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(1) Any person who is engaged in the business of insurance, is or acts as an officer, director, agent, or employee of any person engaged in the business of insurance, or is involved in a transaction relating to the conduct of affairs of such a business, other than as an insured o…

Fla. Stat. § 631.161 Claims of nonresidents against insurers domiciled in this state

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(1) In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states which are not reciprocal must file claims in this state, and claimants residing in reciprocal states may file claims either with th…

Fla. Stat. § 631.171 Claims of residents against insurers domiciled in reciprocal states

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(1) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, if a notice to file claims has been issued by the Florida receiver pursuant to s. 631.181(3), claimants against the insurer who reside within this state may file claims either with t…

Fla. Stat. § 631.181 Filing and proof of claim

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(1)(a) Proof of a claim shall be filed with the receiver in the form required by subsection (2) on or before the last day for filing specified in the notice required under subsection (3), except that proof of claim for cash surrender values or other investment values in life insu…

Fla. Stat. § 631.182 Receiver claims report and claimants objections procedure

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(1) As soon as it has evaluated claims filed in the delinquency proceeding, the receiver shall report the claims to the circuit court, specifying in the report its recommendations with respect to the actions to be taken thereon. Upon receipt of the report, the court shall enter a…

Fla. Stat. § 631.191 Special deposit claims; secured claims; administration of workers’ compensation large deductible policies and insured collateral

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(1) SPECIAL DEPOSIT CLAIMS.—The owners of special deposit claims against an insurer against which a liquidation order has been entered in this or any other state shall be given priority against their several special deposits in accordance with the provisions of the statutes gover…

Fla. Stat. § 631.192 Allowance of certain claims

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(1) No claim based upon a contract of insurance, suretyship, or indemnity may be allowed or paid from the assets of an insurer in process of liquidation unless the event causing the loss to, or creating the liability of, the obligee of the contract occurred prior to the order of …

Fla. Stat. § 631.193 Releases

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The filing of a claim constitutes a release of the insured from liability to the claimant to the extent of the coverage or policy limits provided by the insolvent insurer. The release is conditioned upon the cooperation of the insured with the receiver and the Florida Insurance G…

Fla. Stat. § 631.195 Records of insurers; public records exemptions

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(1) As used in this section, the term:(a) “Consumer” means a prospective purchaser of, a purchaser of, a beneficiary of, or an applicant for any insurance product or service. The term also includes a family member or dependent of such person.(b) “Personal financial and health inf…

Fla. Stat. § 631.201 Attachment and garnishment of assets

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During the pendency of a delinquency proceeding in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment, or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien o…

Fla. Stat. § 631.205 Reinsurance proceeds

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All reinsurance proceeds payable under a contract of reinsurance to which the insolvent insurer is a party are to be paid directly to the domiciliary receiver as general assets of the receivership estate unless the reinsurance contract contains a clause which specifically names t…

Fla. Stat. § 631.206 Arbitration

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If an insurer in receivership has entered into an agreement containing an arbitration provision for resolution of disputes, that provision is void and shall be replaced by operation of law with the following provision:Any controversy or claim arising out of or relating to this co…

Fla. Stat. § 631.221 Deposit of moneys collected

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The moneys collected by the department in a proceeding under this chapter shall be deposited in a qualified public depository as defined in s. 280.02, which depository with regards to such funds shall conform to and be bound by all the provisions of chapter 280, or invested with …

Fla. Stat. § 631.231 Exemption from fees

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The department or office shall not be required to pay any fee to any public officer in this state for filing, recording, issuing a transcript or certificate, or authenticating any paper or instrument pertaining to the exercise by the department or office of any of the powers or d…

Fla. Stat. § 631.241 Borrowing on pledge of assets

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For the purpose of facilitating the rehabilitation, liquidation, conservation, or dissolution of an insurer pursuant to this chapter, the department may, subject to the approval of the court, borrow money and execute, acknowledge, and deliver notes or other evidences of indebtedn…

Fla. Stat. § 631.251 Date rights fixed on liquidation

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Except as provided in ss. 631.192 and 631.252, the rights and liabilities of the insurer and its creditors, policyholders, stockholders, members, and subscribers and all other persons interested in its estate shall, unless otherwise directed by the court, be fixed as of the date …

Fla. Stat. § 631.252 Continuation of coverage

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(1) Unless another insurer, with approval of the receivership court, assumes or otherwise provides coverage for the policies of the insolvent insurer, all insurance policies or similar contracts of coverage, other than coverages defined in s. 631.713 or health maintenance organiz…

Fla. Stat. § 631.261 Voidable transfers

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(1)(a) Any transfer of, or lien upon, the property of an insurer or affiliate which is made or created within 4 months prior to the commencement of any delinquency proceeding under this chapter which gives any creditor of the insurer a preference or enables the creditor to obtain…

Fla. Stat. § 631.262 Transfers prior to petition

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(1) Every transfer made or suffered and every obligation incurred by an insurer or affiliate within 1 year prior to the filing of a successful petition in any delinquency proceeding under this chapter, upon a showing by the receiver that the same was incurred without fair conside…

Fla. Stat. § 631.263 Transfers after petition

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(1) After the original petition is filed in any delinquency proceeding, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair e…

Fla. Stat. § 631.271 Priority of claims

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(1) The priority of distribution of claims from the insurer’s estate shall be in accordance with the order in which each class of claims is set forth in this subsection. Every claim in each class shall be paid in full or adequate funds shall be retained for such payment before th…

Fla. Stat. § 631.2715 Liability under federal priority of claims law

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The State Risk Management Trust Fund shall cover department officers, employees, agents, and other representatives for any liability under the federal act relating to priority of claims, 31 U.S.C. s. 3713, for any action taken by them in the performance of their powers and duties…

Fla. Stat. § 631.281 Offsets

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(1) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection (2).(2…