Florida Statutes
Title XXXVII - Insurance
Chapter 631 - Insurer Insolvency; Guaranty of Payment

631.021 - Jurisdiction of delinquency proceeding; venue; change of venue; exclusiveness of remedy; appeal; construction. - (1) The circuit court shall have original jurisdiction of any...

631.025 - Persons subject to this part. - (1) A person transacting, or that has transacted, insurance business...

631.031 - Initiation and commencement of delinquency proceeding. - (1) Upon a determination by the office that one or...

631.041 - Automatic stay; relief from stay; injunctions. - (1) An application or petition under s. 631.031 operates as...

631.042 - Extension of time. - (1) With respect to any action by or against an...

631.051 - Grounds for rehabilitation; domestic insurers. - (1) Is impaired or insolvent; (2) Has failed to comply...

631.0515 - Appointment of receiver; insurance holding company. - History.—s. 2, ch. 86-86; s. 2, ch. 87-50; s. 181,...

631.061 - Grounds for liquidation. - (1) Is or is about to become insolvent. (2) Is...

631.071 - Grounds for conservation; foreign insurers. - (1) Upon any of the grounds specified in s. 631.051...

631.081 - Grounds for conservation; alien insurers. - (1) Upon any of the grounds specified in s. 631.051...

631.091 - Grounds for ancillary liquidation; foreign insurers. - History.—s. 725, ch. 59-205; ss. 13, 35, ch. 69-106; s....

631.101 - Order of rehabilitation; termination. - (1) An order to rehabilitate a domestic insurer shall direct...

631.111 - Order of liquidation; domestic insurers. - (1) An order to liquidate the business of a domestic...

631.112 - Subordination of claims for noncooperation. - History.—ss. 84, 188, ch. 91-108; s. 4, ch. 91-429; s....

631.121 - Order of liquidation; alien insurers. - History.—s. 728, ch. 59-205; s. 809(1st), ch. 82-243; ss. 187,...

631.131 - Order of conservation or ancillary liquidation of foreign or alien insurers. - (1) An order to conserve the assets of a foreign...

631.141 - Conduct of delinquency proceeding; domestic and alien insurers. - (1) Whenever under this chapter a receiver is to be...

631.152 - Conduct of delinquency proceeding; foreign insurers. - (1) Whenever under this chapter an ancillary receiver is to...

631.1521 - Actions by and against the receiver. - (1) An allegation by the receiver of improper or fraudulent...

631.1522 - Unrecorded obligations and defenses and claims of affiliates. - (1) In any proceeding or claim by the receiver, an...

631.153 - Intervention; exclusiveness of claims procedure. - History.—s. 2, ch. 85-339; s. 1, ch. 86-286; ss. 187,...

631.154 - Funds, assets, or other property in the possession of third person. - (1) If the receiver determines that funds, assets, or property...

631.155 - Agents’ balances; premiums and unearned commissions. - History.—s. 8, ch. 89-360; s. 1, ch. 90-192; ss. 88,...

631.156 - Investigation by the department; scope of authority; sharing of materials. - (1) The department may, under the direction and supervision of...

631.157 - Civil action by the receiver. - (1) Any person who is engaged in the business of...

631.161 - Claims of nonresidents against insurers domiciled in this state. - (1) In a liquidation proceeding begun in this state against...

631.171 - Claims of residents against insurers domiciled in reciprocal states. - (1) In a liquidation proceeding in a reciprocal state against...

631.181 - Filing and proof of claim. - (1)(a) Proof of a claim shall be filed with the...

631.182 - Receiver claims report and claimants objections procedure. - (1) As soon as it has evaluated claims filed in...

631.191 - Special deposit claims; secured claims; administration of workers’ compensation large deductible policies and insured collateral. - (1) SPECIAL DEPOSIT CLAIMS.—The owners of special deposit claims against...

631.192 - Allowance of certain claims. - (1) No claim based upon a contract of insurance, suretyship,...

631.193 - Releases. - History.—ss. 15, 39, ch. 83-38; s. 4, ch. 85-339; ss....

631.195 - Records of insurers; public records exemptions. - (1) As used in this section, the term: (a) “Consumer”...

631.201 - Attachment and garnishment of assets. - History.—s. 736, ch. 59-205; s. 809(1st), ch. 82-243; ss. 187,...

631.205 - Reinsurance proceeds. - History.—ss. 16, 39, ch. 83-38; ss. 187, 188, ch. 91-108;...

631.206 - Arbitration. - Any controversy or claim arising out of or relating to...

631.221 - Deposit of moneys collected. - History.—s. 738, ch. 59-205; ss. 13, 35, ch. 69-106; s....

631.231 - Exemption from fees. - History.—s. 739, ch. 59-205; ss. 13, 35, ch. 69-106; s....

631.241 - Borrowing on pledge of assets. - History.—s. 740, ch. 59-205; ss. 13, 35, ch. 69-106; s....

631.251 - Date rights fixed on liquidation. - History.—s. 741, ch. 59-205; s. 9, ch. 70-27; s. 809(1st),...

631.252 - Continuation of coverage. - (1) All insurance policies or similar contracts of coverage, other...

631.261 - Voidable transfers. - (1)(a) Any transfer of, or lien upon, the property of...

631.262 - Transfers prior to petition. - (1) Every transfer made or suffered and every obligation incurred...

631.263 - Transfers after petition. - (1) After the original petition is filed in any delinquency...

631.271 - Priority of claims. - (1) The priority of distribution of claims from the insurer’s...

631.2715 - Liability under federal priority of claims law. - History.—s. 6, ch. 2011-226.

631.281 - Offsets. - (1) In all cases of mutual debts or mutual credits...

631.311 - Report and petition for assessment. - (1) The reasonable value of the assets of the insurer;...

631.321 - Order and levy of assessment. - (1) Upon the filing and reading of the report and...

631.331 - Assessment prima facie correct; notice; payment; proceeding to collect. - (1) Any assessment of a subscriber or member of an...

631.341 - Notice of insolvency to policyholders by insurer, general agent, or agent. - (1) The receiver shall, immediately after appointment in any delinquency...

631.361 - Seizure under court order. - (1) Upon filing by the department in the circuit court...

631.371 - Seizure under order of the department. - (1) Upon the department filing a verified petition with any...

631.391 - Cooperation of officers and employees. - (1) Any present or former officer, director, manager, trustee, agent,...

631.3915 - Actions for damages. - History.—s. 14, ch. 2002-25.

631.392 - Immunity. - History.—ss. 42, 66, ch. 88-166; ss. 187, 188, ch. 91-108;...

631.395 - Guaranty fund; orders of court. - (1) Claims files, records, or documents pertaining to claims on...

631.397 - Use of certain marshaled assets. - (1) The department, as receiver, may apply to the court...

631.398 - Prevention of insolvencies. - (1) Any member insurer; agent, employee, or member of the...

631.399 - Receiver’s right to recover distributions made to affiliate. - (1) If an order for liquidation or rehabilitation of an...

631.400 - Rehabilitation of title insurer. - (1) After the entry of an order of rehabilitation, the...

631.401 - Recovery of assessments and assumed policy obligations. - (1) Upon the making of any assessment allowed by s....

Part II - Florida Insurance Guaranty of Payments (Ss. 631.50-631.70)

631.50 - Title. - History.—s. 1, ch. 70-20; s. 809(1st), ch. 82-243; ss. 187,...

631.51 - Purposes. - (1) Provide a mechanism for the payment of covered claims...

631.52 - Scope. - (1) Life, annuity, health, or disability insurance; (2) Mortgage guaranty,...

631.53 - Construction. - History.—s. 4, ch. 70-20; s. 809(1st), ch. 82-243; ss. 187,...

631.54 - Definitions. - (1) “Account” means one of the accounts created by s....

631.55 - Creation of the association. - (1) There is created a nonprofit corporation to be known...

631.56 - Board of directors. - (1) The board of directors of the association shall consist...

631.57 - Powers and duties of the association. - (1) The association shall: (a)1. Be obligated to the extent...

631.58 - Plan of operation. - (1)(a) The association shall submit to the department a proposed...

631.582 - Public records exemption. - (1) The following records of the Florida Insurance Guaranty Association...

631.59 - Duties and powers of department and office. - (1) The department shall notify the association of the existence...

631.60 - Effect of paid claims. - (1) Any person recovering under this part shall be deemed...

631.61 - Nonduplication of recovery. - (1) Any person having a claim against an insurer under...

631.62 - Prevention of insolvencies. - (1) It shall be the duty of the board of...

631.63 - Examination of the association. - History.—s. 14, ch. 70-20; s. 809(1st), ch. 82-243; ss. 187,...

631.64 - Recognition of assessments. - History.—s. 15, ch. 70-20; s. 809(1st), ch. 82-243; ss. 187,...

631.65 - Advertisement or solicitation. - History.—s. 16, ch. 70-20; s. 809(1st), ch. 82-243; ss. 187,...

631.66 - Immunity. - History.—s. 17, ch. 70-20; s. 809(1st), ch. 82-243; ss. 96,...

631.67 - Stay of proceedings; reopening of default judgments. - History.—s. 18, ch. 70-20; s. 18, ch. 71-970; s. 5,...

631.68 - Limitation; certain actions. - History.—s. 19, ch. 71-970; s. 6, ch. 77-227; s. 809(1st),...

631.695 - Revenue bond issuance through counties or municipalities. - (1) The Legislature finds: (a) The potential for widespread and...

631.70 - Attorney’s fee. - History.—s. 7, ch. 77-227; s. 809(1st), ch. 82-243; ss. 187,...

Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)

631.711 - Short title. - History.—s. 1, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.712 - Purpose; construction. - History.—s. 2, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.713 - Application of part. - (1) This part shall apply to direct life insurance policies,...

631.714 - Definitions. - (1) “Account” means any of the three accounts created in...

631.715 - Florida Life and Health Insurance Guaranty Association. - (1) There is created a nonprofit legal entity to be...

631.716 - Board of directors. - (1)(a) The board of directors of the association shall have...

631.717 - Powers and duties of the association. - (1) If a domestic insurer is an impaired insurer, the...

631.718 - Assessments. - (1) For the purpose of providing the funds necessary to...

631.72 - Premium or income tax credits for assessments paid. - (1) A member insurer may offset against either its premium...

631.721 - Plan of operation. - (1)(a) The association shall submit to the department a proposed...

631.722 - Powers and duties of department and office. - (1) The office shall: (a) Upon request of the board...

631.723 - Prevention of insolvencies. - (1) The board of directors may, upon majority vote, make...

631.724 - Records and meetings of association. - History.—s. 13, ch. 79-189; s. 435, ch. 81-259; s. 809(1st),...

631.725 - Examination of the association; annual report. - History.—s. 14, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.726 - Tax exemptions. - History.—s. 15, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.727 - Immunity. - History.—s. 16, ch. 79-189; s. 809(1st), ch. 82-243; ss. 101,...

631.728 - Extent of liability of association. - History.—s. 13, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.729 - Liability of insureds for unpaid assessments. - History.—s. 13, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.7295 - Reinsurance. - History.—s. 8, ch. 2010-49.

631.731 - Liquidation, rehabilitation, or conservation proceedings; distributions. - (1) Prior to the termination of any liquidation, rehabilitation, or...

631.733 - Stay of proceedings. - History.—s. 17, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.734 - Reopening default judgments. - History.—s. 18, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.735 - Prohibited advertisement of Florida Life and Health Insurance Guaranty Association Act in sale of insurance. - History.—s. 19, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187,...

631.737 - Rescission and review generally. - History.—ss. 102, 188, ch. 91-108; s. 4, ch. 91-429; s....

631.738 - Applicability as to certain health maintenance organizations. - History.—s. 6, ch. 2019-83. 1Note.—Section 12, ch. 2019-83, provides that...

Part IV - Health Maintenance Organization Consumer Assistance Plan (Ss. 631.811-631.828)

631.811 - Short title. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.812 - Purpose; construction. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.813 - Application of part. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.814 - Definitions. - (1) “Plan” means the Florida Health Maintenance Organization Consumer Assistance...

631.815 - Florida Health Maintenance Organization Consumer Assistance Plan. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.816 - Board of directors. - (1) The board of directors of the plan shall consist...

631.817 - Eligibility. - (1) Except as provided in subsection (2), any person of...

631.818 - Powers and duties of the plan. - (1) In the event that an HMO is insolvent, the...

631.819 - Assessments. - 1(1) For the purposes of providing the funds necessary to...

631.820 - Plan of operation. - (1) The plan shall submit to the office a proposed...

631.821 - Powers and duties of the department. - (1) The office may suspend or revoke, after notice and...

631.822 - Records of plan. - History.—ss. 1, 23, ch. 88-388; ss. 110, 187, 188, ch....

631.823 - Examination of the plan; annual report. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.824 - Tax exemptions. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.825 - Immunity. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.826 - Extent of liability of plan. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.827 - Prohibited advertisement. - History.—ss. 1, 23, ch. 88-388; ss. 187, 188, ch. 91-108;...

631.828 - Assessments against member HMOs; income tax credit for assessments paid. - History.—ss. 1, 23, ch. 88-388; ss. 184, 187, 188, ch....

Part V - Florida Workers’ Compensation Insurance Guaranty Association (Ss. 631.901-631.932)

631.901 - Title. - History.—s. 20, ch. 97-262.

631.902 - Purposes. - (1) Create a not-for-profit Florida Workers’ Compensation Insurance Guaranty Association,...

631.903 - Construction. - History.—s. 20, ch. 97-262.

631.904 - Definitions. - (1) “Corporation” means the Florida Workers’ Compensation Insurance Guaranty Association,...

631.911 - Creation of the Florida Workers’ Compensation Insurance Guaranty Association, Incorporated; merger; effect of merger. - (1)(a) The Florida Self-Insurance Fund Guaranty Association established in former...

631.912 - Board of directors. - (1) The board of directors of the corporation shall consist...

631.913 - Powers and duties of the corporation. - (1) The corporation is obligated to the extent of the...

631.914 - Assessments. - (1)(a) To the extent necessary to secure the funds for...

631.916 - Plan of operation. - (1) Establish procedures for handling the assets of the corporation....

631.917 - Prevention of insolvencies. - (1)(a) The board may make reasonable and lawful investigation into...

631.918 - Immunity. - History.—s. 20, ch. 97-262; s. 1375, ch. 2003-261.

631.919 - Prohibited advertisement of solicitation. - History.—s. 20, ch. 97-262.

631.921 - Department powers. - History.—s. 20, ch. 97-262.

631.922 - Liability of members of an impaired self-insurance fund for unpaid claims. - History.—s. 20, ch. 97-262.

631.923 - Effect of paid claims. - (1) Any person who recovers under this part is considered...

631.924 - Stay of proceedings; reopening of default judgments. - History.—s. 20, ch. 97-262; s. 7, ch. 2003-267.

631.926 - Attorney’s fees. - History.—s. 20, ch. 97-262.

631.927 - Assumption of liability. - History.—s. 20, ch. 97-262.

631.928 - Florida Workers’ Compensation Insurance Guaranty Association Account. - History.—s. 1, ch. 93-424; s. 23, ch. 97-262. Note.—Former s....

631.929 - Election of remedies. - History.—s. 24, ch. 97-262; s. 45, ch. 99-7.

631.931 - Reports and recommendations by board; public records exemption. - History.—s. 1, ch. 93-423; s. 389, ch. 96-406; ss. 25,...

631.932 - Negotiations; public meetings and records exemptions. - History.—s. 2, ch. 93-423; s. 390, ch. 96-406; ss. 26,...

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Florida Statutes Title XXXVII - Insurance Chapter 631 - Insurer Insolvency; Guaranty of Payment

Florida Statutes
Title XXXVII - Insurance
Chapter 631 - Insurer Insolvency; Guaranty of Payment