(1) There is created a nonprofit legal entity to be known as the Florida Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state, and, further, as a condition of such authority, an insurer shall agree to reimburse the association for all claim payments the association makes on said insurer’s behalf if such insurer is subsequently rehabilitated. The association shall perform its functions under the plan of operation established and approved under the provisions of s. 631.721 and shall exercise its powers through a board of directors established under the provisions of s. 631.716.
(2)(a) For purposes of administration and assessment, the association shall maintain three accounts:
1. The health insurance account;
2. The life insurance account; and
3. The annuity account.
(b) Borrowing between accounts for payment of policyholder and contract holder claims and other obligations of the association is authorized at the discretion of the board of directors, provided that the amounts so borrowed are restored to the appropriate accounts not less than annually.
(3) The association shall come under the immediate supervision of the department and shall be subject to the applicable provisions of the insurance laws of this state.
History.—s. 5, ch. 79-189; s. 433, ch. 81-259; s. 809(1st), ch. 82-243; s. 15, ch. 89-360; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 11, ch. 92-328.
Structure Florida Statutes
Chapter 631 - Insurer Insolvency; Guaranty of Payment
Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)
631.712 - Purpose; construction.
631.713 - Application of part.
631.715 - Florida Life and Health Insurance Guaranty Association.
631.717 - Powers and duties of the association.
631.72 - Premium or income tax credits for assessments paid.
631.722 - Powers and duties of department and office.
631.723 - Prevention of insolvencies.
631.724 - Records and meetings of association.
631.725 - Examination of the association; annual report.
631.728 - Extent of liability of association.
631.729 - Liability of insureds for unpaid assessments.
631.731 - Liquidation, rehabilitation, or conservation proceedings; distributions.
631.733 - Stay of proceedings.
631.734 - Reopening default judgments.
631.737 - Rescission and review generally.
631.738 - Applicability as to certain health maintenance organizations.