(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 equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The recording of a copy of the petition for, or order in, any delinquency proceeding with the clerk of the circuit court in the county where any real property in question is located is constructive notice of the commencement of a delinquency proceeding. The exercise by a court of the United States or any state with jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.
(2) After the original petition for a delinquency proceeding has been filed and before an order of conservation, rehabilitation, or liquidation is granted:
(a) A transfer of any of the property of the insurer, other than real property, 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 equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred.
(b) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property or any part thereof to the insurer or upon her or his order, with the same effect as if the petition were not pending.
(3) A person having actual knowledge of the pending delinquency proceeding shall be deemed not to act in good faith.
(4) A person asserting the validity of a transfer under this section has the burden of proof. Except as elsewhere provided in this section, any transfer by or in behalf of the insurer after the date of filing of the original petition in any delinquency proceeding requesting the appointment of a receiver, as defined in s. 631.011, by any person other than the receiver is not valid against the receiver.
(5) Nothing in this section shall impair the negotiability of currency or negotiable instruments.
(6) For the purposes of this section, a transfer is not made until the insurer or affiliate has acquired rights in the property transferred.
History.—s. 12, ch. 70-27; s. 809(1st), ch. 82-243; s. 20, ch. 83-38; s. 6, ch. 85-339; s. 2, ch. 87-350; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 404, ch. 97-102; s. 36, ch. 2004-374.
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.