The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.001

631.001 Title, construction, and purpose.—

(1) This part constitutes and may be cited as the “Insurers Rehabilitation and Liquidation Act.”

(2) This part shall be liberally construed to effect the purposes of this part.

(3) The purposes of this part, which are integral elements of the regulation of the business of insurance and are of vital public interest and concern, are to:

(a) Protect the interests of policyholders, creditors, and other claimants and the public.

(b) Provide a comprehensive scheme for administering insurer receiverships.

(d) Implement improved methods for rehabilitating insurers, which methods involve the cooperation and management expertise of the insurance industry.

(e) Enhance the efficiency and economy of the liquidation process by clarifying the law to minimize legal uncertainty and litigation.

(f) Establish a system to equitably apportion any unavoidable loss.

(g) Administer insurer receiverships more efficiently on an interstate and international basis by facilitating cooperation between states and by extending the scope of personal jurisdiction over debtors of the insurer outside this state.

(h) Maximize recovery of assets for the benefit of the insurer’s estate; policyholders, creditors, and other claimants; and the public.

History.—s. 737, ch. 59-205; s. 1, ch. 70-27; s. 1, ch. 70-439; s. 809(1st), ch. 82-243; s. 1, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 3, ch. 2002-25.

Note.—Consolidation of s. 631.001 and former s. 631.211.

F.S. 631.001 on Google Scholar

F.S. 631.001 on Casetext

Amendments to 631.001

Arrestable Offenses / Crimes under Fla. Stat. 631.001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.001.

Annotations, Discussions, Cases:

Cases from cite.case.law:

OCEAN BANK, v. STATE DEPARTMENT OF FINANCIAL SERVICES, Co., 902 So. 2d 833 (Fla. Dist. Ct. App. 2005)

. . . intricate questions arising under the Florida Insurers Rehabilitation and Liquidation Act, sections 631.001 . . .

AMERICAN BONDING COMPANY, v. COASTAL METAL SALES, INC., 679 So. 2d 1250 (Fla. Dist. Ct. App. 1996)

. . . See § 631.001-.399, Fla.Stat. (1993); Ariz.Rev.Stat. Ann. §§ 20-611 to -648 (1990). . . . See, e.g., § 631.001(4), Fla. Stat. (1995). . . .

W. SNYDER, W. P. A. a v. H. DOUGLAS, a k a B. Jr. B. III,, 647 So. 2d 275 (Fla. Dist. Ct. App. 1994)

. . . . §§ 631.001-631.399, Fla.Stat. (1993). . §§ 631.50-631.705, Fla.Stat. (1993). . . . .

R. HOBBS, Co. v. DON MEALEY CHEVROLET, INC., 642 So. 2d 1149 (Fla. Dist. Ct. App. 1994)

. . . . §§ 631.001 — .399, Fla.Stat. (1991). . . . .

LIDSKY P. A. v. FLORIDA DEPARTMENT OF INSURANCE, Co., 643 So. 2d 631 (Fla. Dist. Ct. App. 1994)

. . . .” §§ 631.001-631.399, Fla. Stat. (1993). . . . purpose is “the protection of the interests of insureds, creditors, and the public generally_” See § 631.001 . . . Department argues, the legislative purpose of equal treatment of creditors is clearly expressed in section 631.001 . . .

In INTERNATIONAL FORUM OF FLORIDA HEALTH BENEFIT TRUST, a ACTRON CONTRACTORS EQUIPMENT, v. SOUTH BROWARD HOSPITAL DISTRICT, a d b a Dr. St. s, 607 So. 2d 432 (Fla. Dist. Ct. App. 1992)

. . . Sections 631.001(3) and 631.001(4)(d), Florida Statutes (1989), require a liberal construction of the . . .

NOVA INSURANCE GROUP, INC. v. FLORIDA DEPARTMENT OF INSURANCE,, 606 So. 2d 429 (Fla. Dist. Ct. App. 1992)

. . . order entered in this action arising under the Insurers Rehabilitation and Liquidation Act, sections 631.001 . . .

SABATO, v. FLORIDA DEPARTMENT OF INSURANCE, 768 F. Supp. 1562 (S.D. Fla. 1991)

. . . . § 631.001(4) (1989). . . . Id. at § 631.001(5). b. The Abstention Doctrines i. Burford In Burford v. . . . Fla.Stat. §§ 631.001-631.399 (1989). . . . .

J. HARTNETT v. SOUTHERN AMERICAN FIRE INSURANCE COMPANY, a, 495 So. 2d 902 (Fla. Dist. Ct. App. 1986)

. . . Section 631.001(4) provides that the purpose of the act “is [for] the protection of the interests of . . . Section 631.001(3) provides that the act “shall be liberally construed to effect the purpose stated in . . .

FINANCIAL INTERNATIONAL LIFE INSURANCE COMPANY OF NEW MEXICO, v. BETA TRUST CORPORATION, LTD. a B. V. I. a a, 405 So. 2d 306 (Fla. Dist. Ct. App. 1981)

. . . The Uniform Insurers Liquidation Act, adopted in both Florida and New Mexico, Section 631.001 et seq. . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. STATE DEPARTMENT OF INSURANCE, 400 So. 2d 813 (Fla. Dist. Ct. App. 1981)

. . . The “purpose” clause, Section 631.001(4), declares that the purpose of the act is “the protection of . . . interpretation of Section 631.091 is in harmony with the purposes of the act as set forth in Section 631.001 . . .