Florida Statutes
Part I - Insurer Insolvency: Rehabilitation and Liquidation (Ss. 631.001-631.401)
631.111 - Order of liquidation; domestic insurers.


(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 its own name or in the name of the insurer, as the court may direct, and to give notice to all creditors who may have claims against the insurer to present such claims, as the court may direct.
(2) The order of liquidation shall authorize and direct the department to take immediate possession of all the property, assets, and estate, including, but not limited to, all offices maintained by the insurer and all rights of action, books, documents, papers, evidences of debt, and all other property of every kind whatsoever and wheresoever located belonging to the insurer, including, but not limited to, all bank accounts, stocks, bonds, debentures, mortgages, all premiums collected by premium finance companies or any person otherwise engaged in premium financing, agents, subagents, producing agents, brokers, service representatives, or others and not paid to the insurer, furniture, fixtures, equipment, office supplies, and all real property of the insurer and to hold all such assets pending further orders of the court.
(3) The department may apply for and secure an order dissolving the corporate existence of a domestic insurer upon its application for an order of liquidation of such insurer or at any time after such order has been granted.
History.—s. 727, ch. 59-205; ss. 13, 35, ch. 69-106; s. 5, ch. 70-27; s. 1, ch. 70-439; s. 809(1st), ch. 82-243; s. 7, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 92, ch. 2003-1.

Structure Florida Statutes

Florida Statutes

Title XXXVII - Insurance

Chapter 631 - Insurer Insolvency; Guaranty of Payment

Part I - Insurer Insolvency: Rehabilitation and Liquidation (Ss. 631.001-631.401)

631.001 - Title, construction, and purpose.

631.011 - Definitions.

631.015 - Reciprocity; treatment of policyholders.

631.021 - Jurisdiction of delinquency proceeding; venue; change of venue; exclusiveness of remedy; appeal; construction.

631.025 - Persons subject to this part.

631.031 - Initiation and commencement of delinquency proceeding.

631.041 - Automatic stay; relief from stay; injunctions.

631.042 - Extension of time.

631.051 - Grounds for rehabilitation; domestic insurers.

631.0515 - Appointment of receiver; insurance holding company.

631.061 - Grounds for liquidation.

631.071 - Grounds for conservation; foreign insurers.

631.081 - Grounds for conservation; alien insurers.

631.091 - Grounds for ancillary liquidation; foreign insurers.

631.101 - Order of rehabilitation; termination.

631.111 - Order of liquidation; domestic insurers.

631.112 - Subordination of claims for noncooperation.

631.121 - Order of liquidation; alien insurers.

631.131 - Order of conservation or ancillary liquidation of foreign or alien insurers.

631.141 - Conduct of delinquency proceeding; domestic and alien insurers.

631.152 - Conduct of delinquency proceeding; foreign insurers.

631.1521 - Actions by and against the receiver.

631.1522 - Unrecorded obligations and defenses and claims of affiliates.

631.153 - Intervention; exclusiveness of claims procedure.

631.154 - Funds, assets, or other property in the possession of third person.

631.155 - Agents’ balances; premiums and unearned commissions.

631.156 - Investigation by the department; scope of authority; sharing of materials.

631.157 - Civil action by the receiver.

631.161 - Claims of nonresidents against insurers domiciled in this state.

631.171 - Claims of residents against insurers domiciled in reciprocal states.

631.181 - Filing and proof of claim.

631.182 - Receiver claims report and claimants objections procedure.

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

631.192 - Allowance of certain claims.

631.193 - Releases.

631.195 - Records of insurers; public records exemptions.

631.201 - Attachment and garnishment of assets.

631.205 - Reinsurance proceeds.

631.206 - Arbitration.

631.221 - Deposit of moneys collected.

631.231 - Exemption from fees.

631.241 - Borrowing on pledge of assets.

631.251 - Date rights fixed on liquidation.

631.252 - Continuation of coverage.

631.261 - Voidable transfers.

631.262 - Transfers prior to petition.

631.263 - Transfers after petition.

631.271 - Priority of claims.

631.2715 - Liability under federal priority of claims law.

631.281 - Offsets.

631.311 - Report and petition for assessment.

631.321 - Order and levy of assessment.

631.331 - Assessment prima facie correct; notice; payment; proceeding to collect.

631.341 - Notice of insolvency to policyholders by insurer, general agent, or agent.

631.361 - Seizure under court order.

631.371 - Seizure under order of the department.

631.391 - Cooperation of officers and employees.

631.3915 - Actions for damages.

631.392 - Immunity.

631.395 - Guaranty fund; orders of court.

631.397 - Use of certain marshaled assets.

631.398 - Prevention of insolvencies.

631.399 - Receiver’s right to recover distributions made to affiliate.

631.400 - Rehabilitation of title insurer.

631.401 - Recovery of assessments and assumed policy obligations.