(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 the ancillary receiver, if any, in this state or with the domiciliary receiver. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(2) If a notice to file claims has been issued by the Florida receiver pursuant to s. 631.181(3), claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in the ancillary proceeding, if any, in this state. If a claimant elects to prove her or his claim in this state, the claimant shall file her or his claim with the receiver in the manner provided in s. 631.181(1) and (2). The ancillary receiver shall make its recommendation to the court as under s. 631.182(2), shall arrange a date for hearing if necessary under s. 631.182(1), and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of her or his intention to contest the claim, she or he is entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
(3) If a notice to file claims has not been issued by the Florida receiver pursuant to s. 631.181(3), claims shall be proved and filed before the domiciliary receiver.
(4) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
History.—s. 733, ch. 59-205; s. 809(1st), ch. 82-243; s. 10, ch. 83-38; s. 3, ch. 85-339; ss. 89, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 400, ch. 97-102.
Structure Florida Statutes
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.
631.015 - Reciprocity; treatment of policyholders.
631.025 - Persons subject to this part.
631.031 - Initiation and commencement of delinquency proceeding.
631.041 - Automatic stay; relief from stay; injunctions.
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.
631.192 - Allowance of certain claims.
631.195 - Records of insurers; public records exemptions.
631.201 - Attachment and garnishment of assets.
631.205 - Reinsurance proceeds.
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.
631.262 - Transfers prior to petition.
631.263 - Transfers after petition.
631.2715 - Liability under federal priority of claims law.
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.
631.395 - 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.