eLaws of Florida

 

  CHAPTER 631. INSURER INSOLVENCY; GUARANTY OF PAYMENT  


PART I. INSURER INSOLVENCY: REHABILITATION AND LIQUIDATION
SECTION 631.001. Title, construction, and purpose.
SECTION 631.011. Definitions.
SECTION 631.015. Reciprocity; treatment of policyholders.
SECTION 631.021. Jurisdiction of delinquency proceeding; venue; change of venue; exclusiveness of remedy; appeal; construction.
SECTION 631.025. Persons subject to this part.
SECTION 631.031. Initiation and commencement of delinquency proceeding.
SECTION 631.041. Automatic stay; relief from stay; injunctions.
SECTION 631.042. Extension of time.
SECTION 631.051. Grounds for rehabilitation; domestic insurers.
SECTION 631.0515. Appointment of receiver; insurance holding company.
SECTION 631.061. Grounds for liquidation.
SECTION 631.071. Grounds for conservation; foreign insurers.
SECTION 631.081. Grounds for conservation; alien insurers.
SECTION 631.091. Grounds for ancillary liquidation; foreign insurers.
SECTION 631.101. Order of rehabilitation; termination.
SECTION 631.111. Order of liquidation; domestic insurers.
SECTION 631.112. Subordination of claims for noncooperation.
SECTION 631.121. Order of liquidation; alien insurers.
SECTION 631.131. Order of conservation or ancillary liquidation of foreign or alien insurers.
SECTION 631.141. Conduct of delinquency proceeding; domestic and alien insurers.
SECTION 631.152. Conduct of delinquency proceeding; foreign insurers.
SECTION 631.1521. Actions by and against the receiver.
SECTION 631.1522. Unrecorded obligations and defenses and claims of affiliates.
SECTION 631.153. Intervention; exclusiveness of claims procedure.
SECTION 631.154. Funds, assets, or other property in the possession of third person.
SECTION 631.155. Agents’ balances; premiums and unearned commissions.
SECTION 631.156. Investigation by the department; scope of authority; sharing of materials.
SECTION 631.157. Civil action by the receiver.
SECTION 631.161. Claims of nonresidents against insurers domiciled in this state.
SECTION 631.171. Claims of residents against insurers domiciled in reciprocal states.
SECTION 631.181. Filing and proof of claim.
SECTION 631.182. Receiver claims report and claimants objections procedure.
SECTION 631.191. Special deposit claims; secured claims; administration of workers’ compensation large deductible policies and insured collateral.
SECTION 631.192. Allowance of certain claims.
SECTION 631.193. Releases.
SECTION 631.195. Records of insurers; public records exemptions.
SECTION 631.201. Attachment and garnishment of assets.
SECTION 631.205. Reinsurance proceeds.
SECTION 631.206. Arbitration.
SECTION 631.221. Deposit of moneys collected.
SECTION 631.231. Exemption from fees.
SECTION 631.241. Borrowing on pledge of assets.
SECTION 631.251. Date rights fixed on liquidation.
SECTION 631.252. Continuation of coverage.
SECTION 631.261. Voidable transfers.
SECTION 631.262. Transfers prior to petition.
SECTION 631.263. Transfers after petition.
SECTION 631.271. Priority of claims.
SECTION 631.2715. Liability under federal priority of claims law.
SECTION 631.281. Offsets.
SECTION 631.311. Report and petition for assessment.
SECTION 631.321. Order and levy of assessment.
SECTION 631.331. Assessment prima facie correct; notice; payment; proceeding to collect.
SECTION 631.341. Notice of insolvency to policyholders by insurer, general agent, or agent.
SECTION 631.361. Seizure under court order.
SECTION 631.371. Seizure under order of the department.
SECTION 631.391. Cooperation of officers and employees.
SECTION 631.3915. Actions for damages.
SECTION 631.392. Immunity.
SECTION 631.395. Guaranty fund; orders of court.
SECTION 631.397. Use of certain marshaled assets.
SECTION 631.398. Prevention of insolvencies.
SECTION 631.399. Receiver’s right to recover distributions made to affiliate.
SECTION 631.400. Rehabilitation of title insurer.
SECTION 631.401. Recovery of assessments and assumed policy obligations.
PART II. FLORIDA INSURANCE GUARANTY OF PAYMENTS
SECTION 631.50. Title.
SECTION 631.51. Purposes.
SECTION 631.52. Scope.
SECTION 631.53. Construction.
SECTION 631.54. Definitions.
SECTION 631.55. Creation of the association.
SECTION 631.56. Board of directors.
SECTION 631.57. Powers and duties of the association.
SECTION 631.58. Plan of operation.
SECTION 631.582. Public records exemption.
SECTION 631.59. Duties and powers of department and office.
SECTION 631.60. Effect of paid claims.
SECTION 631.61. Nonduplication of recovery.
SECTION 631.62. Prevention of insolvencies.
SECTION 631.63. Examination of the association.
SECTION 631.64. Recognition of assessments.
SECTION 631.65. Advertisement or solicitation.
SECTION 631.66. Immunity.
SECTION 631.67. Stay of proceedings; reopening of default judgments.
SECTION 631.68. Limitation; certain actions.
SECTION 631.695. Revenue bond issuance through counties or municipalities.
SECTION 631.70. Attorney’s fee.
PART III. LIFE AND HEALTH INSURANCE GUARANTY OF PAYMENTS
SECTION 631.711. Short title.
SECTION 631.712. Purpose; construction.
SECTION 631.713. Application of part.
SECTION 631.714. Definitions.
SECTION 631.715. Florida Life and Health Insurance Guaranty Association.
SECTION 631.716. Board of directors.
SECTION 631.717. Powers and duties of the association.
SECTION 631.718. Assessments.
SECTION 631.72. Premium or income tax credits for assessments paid.
SECTION 631.721. Plan of operation.
SECTION 631.722. Powers and duties of department and office.
SECTION 631.723. Prevention of insolvencies.
SECTION 631.724. Records and meetings of association.
SECTION 631.725. Examination of the association; annual report.
SECTION 631.726. Tax exemptions.
SECTION 631.727. Immunity.
SECTION 631.728. Extent of liability of association.
SECTION 631.729. Liability of insureds for unpaid assessments.
SECTION 631.7295. Reinsurance.
SECTION 631.731. Liquidation, rehabilitation, or conservation proceedings; distributions.
SECTION 631.733. Stay of proceedings.
SECTION 631.734. Reopening default judgments.
SECTION 631.735. Prohibited advertisement of Florida Life and Health Insurance Guaranty Association Act in sale of insurance.
SECTION 631.737. Rescission and review generally.
SECTION 631.738. Applicability as to certain health maintenance organizations.
PART IV. HEALTH MAINTENANCE ORGANIZATION CONSUMER ASSISTANCE PLAN
SECTION 631.811. Short title.
SECTION 631.812. Purpose; construction.
SECTION 631.813. Application of part.
SECTION 631.814. Definitions.
SECTION 631.815. Florida Health Maintenance Organization Consumer Assistance Plan.
SECTION 631.816. Board of directors.
SECTION 631.817. Eligibility.
SECTION 631.818. Powers and duties of the plan.
SECTION 631.819. Assessments.
SECTION 631.820. Plan of operation.
SECTION 631.821. Powers and duties of the department.
SECTION 631.822. Records of plan.
SECTION 631.823. Examination of the plan; annual report.
SECTION 631.824. Tax exemptions.
SECTION 631.825. Immunity.
SECTION 631.826. Extent of liability of plan.
SECTION 631.827. Prohibited advertisement.
SECTION 631.828. Assessments against member HMOs; income tax credit for assessments paid.
PART V. FLORIDA WORKERS' COMPENSATION INSURANCE GUARANTY ASSOCIATION
SECTION 631.901. Title.
SECTION 631.902. Purposes.
SECTION 631.903. Construction.
SECTION 631.904. Definitions.
SECTION 631.911. Creation of the Florida Workers’ Compensation Insurance Guaranty Association, Incorporated; merger; effect of merger.
SECTION 631.912. Board of directors.
SECTION 631.913. Powers and duties of the corporation.
SECTION 631.914. Assessments.
SECTION 631.916. Plan of operation.
SECTION 631.917. Prevention of insolvencies.
SECTION 631.918. Immunity.
SECTION 631.919. Prohibited advertisement of solicitation.
SECTION 631.921. Department powers.
SECTION 631.922. Liability of members of an impaired self-insurance fund for unpaid claims.
SECTION 631.923. Effect of paid claims.
SECTION 631.924. Stay of proceedings; reopening of default judgments.
SECTION 631.926. Attorney’s fees.
SECTION 631.927. Assumption of liability.
SECTION 631.928. Florida Workers’ Compensation Insurance Guaranty Association Account.
SECTION 631.929. Election of remedies.
SECTION 631.931. Reports and recommendations by board; public records exemption.
SECTION 631.932. Negotiations; public meetings and records exemptions.