(1) All insurance policies or similar contracts of coverage, other than coverages defined in s. 631.713 or health maintenance organization coverage under part IV, issued by the insurer shall be canceled upon the earliest to occur of the following:
(a) The date of entry of the liquidation or, if the court so provides in its order, the expiration of 30 days from the date of entry of the liquidation order;
(b) The normal expiration of the policy or contract coverage;
(c) The replacement of the coverage by the insured, or the replacement of the policy or contract of coverage, with a policy or contract acceptable to the insured by the receiver with another insurer; or
(d) The termination of the coverage by the insured.
(2) A claim arising during continuation of coverage under paragraph (1)(a) shall be treated as if it arose immediately before the order of liquidation.
(3) The 30-day coverage continuation period provided in paragraph (1)(a) may in no event be extended; and failure of actual notice to the policyholder of the insolvency of the insurer, of commencement of a delinquency proceeding, or of expiration of the extension period does not affect such expiration.
(4) Benefits under policies of life or health insurance or annuities and other coverages as defined in s. 631.713 shall continue in force for such period as provided for by s. 631.717 or any applicable law governing a foreign guaranty association.
(5) Benefits under membership in a health maintenance organization shall continue in force for such period as provided in part IV.
History.—s. 10, ch. 70-27; s. 809(1st), ch. 82-243; s. 19, ch. 83-38; s. 5, ch. 85-339; ss. 93, 187, 188, ch. 91-108; s. 4, ch. 91-429.
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.