The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.251

631.251 Date rights fixed on liquidation.—Except as provided in ss. 631.192 and 631.252, the rights and liabilities of the insurer and its creditors, policyholders, stockholders, members, and subscribers and all other persons interested in its estate shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which made the order, subject to the provisions of this chapter with respect to the rights of claimants holding contingent claims. No offset shall be allowed in favor of any person unless the claim of offset is fully mature, or, in the case of a reinsurance agreement, the insurer’s obligation is incurred, as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which made the order, and a claim of offset shall not create a secured claim to any funds or property in the possession of the person claiming offset.

History.—s. 741, ch. 59-205; s. 9, ch. 70-27; s. 809(1st), ch. 82-243; s. 18, ch. 83-38; s. 10, ch. 89-360; s. 6, ch. 90-248; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

F.S. 631.251 on Google Scholar

F.S. 631.251 on Casetext

Amendments to 631.251

Arrestable Offenses / Crimes under Fla. Stat. 631.251

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.251.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IMAGINE INSURANCE CO. LTD. v. STATE DEPARTMENT OF FINANCIAL SERVICES a, 999 So. 2d 693 (Fla. Dist. Ct. App. 2008)

. . . Section 631.251, Florida Statutes (2004), provides: Date rights fixed on liquidation. — Except as provided . . . person would not at the date of the entry of any liquidation order or otherwise, as provided in s. 631.251 . . .

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

. . . See § 631.251. . . .

SUNSET COMMERCIAL BANK, v. FLORIDA DEPARTMENT OF INSURANCE,, 509 So. 2d 366 (Fla. Dist. Ct. App. 1987)

. . . See section 631.251, Florida Statutes. . . .

BARNETT BANK OF JACKSONVILLE, N. A. v. STATE DEPARTMENT OF INSURANCE,, 507 So. 2d 142 (Fla. Dist. Ct. App. 1987)

. . . Section 631.251, Florida Statutes (1985), provides that the rights and liabilities of all parties become . . . person would not at the date of the entry of any liquidation order or otherwise, as provided in s. 631.251 . . .