The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.171

631.171 Claims of residents against insurers domiciled in reciprocal states.—

(1) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, if a notice to file claims has been issued by the Florida receiver pursuant to s. 631.181(3), claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary receiver. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.

(2) If a notice to file claims has been issued by the Florida receiver pursuant to s. 631.181(3), claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in the ancillary proceeding, if any, in this state. If a claimant elects to prove her or his claim in this state, the claimant shall file her or his claim with the receiver in the manner provided in s. 631.181(1) and (2). The ancillary receiver shall make its recommendation to the court as under s. 631.182(2), shall arrange a date for hearing if necessary under s. 631.182(1), and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of her or his intention to contest the claim, she or he is entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.

(3) If a notice to file claims has not been issued by the Florida receiver pursuant to s. 631.181(3), claims shall be proved and filed before the domiciliary receiver.

(4) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.

History.—s. 733, ch. 59-205; s. 809(1st), ch. 82-243; s. 10, ch. 83-38; s. 3, ch. 85-339; ss. 89, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 400, ch. 97-102.

F.S. 631.171 on Google Scholar

F.S. 631.171 on Casetext

Amendments to 631.171

Arrestable Offenses / Crimes under Fla. Stat. 631.171

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.171.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . In accordance with this principle, prior to 1983, section 631.171 required persons with claims against . . . Beta Trust Corp., 405 So.2d 306, 308 (Fla. 4th DCA 1981) (citing § 631.171, Fla.Stat. (1979)). . . . The current version of section 631.171 also applies only to “a liquidation proceeding.” . § 631.171, . . . The trial court, therefore, did not err in denying Hobbs’ motion to dismiss under section 631.171 of . . . Unlike section 631.171, section 631.201's prohibition applies to all delinquency proceedings, not just . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. J. GARCIA,, 614 So. 2d 684 (Fla. Dist. Ct. App. 1993)

. . . See § 631.171, Fla.Stat. (1985). . . .

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

. . . The claims procedure set out in ss. 631.161, 631.171, 631.181, 631.182, 631.191, 631.192, and 631.193 . . .

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)

. . . See § 631.171, Fla.Stat. (1979); Vlasaty v. . . .

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

. . . the Florida act contains detailed provisions with respect to the filing of claims, Sections 631.161, 631.171 . . .

D. SPRINGER, v. COLBURN, a, 162 So. 2d 513 (Fla. 1964)

. . . . § 631.171(1), F.S.A. which provides that insured may file claims either with the domiciliary receiver . . .