Florida Statute 631.071 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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631.071 Grounds for conservation; foreign insurers.—The department may apply to the court for an order appointing it as receiver or ancillary receiver, and directing it to conserve the assets within this state, of a foreign insurer upon any of the following grounds:

(1) Upon any of the grounds specified in s. 631.051 or s. 631.061, or

(2) Upon the ground that its property has been sequestrated in its domiciliary sovereignty or in any other sovereignty.

History.—s. 723, ch. 59-205; ss. 13, 35, ch. 69-106; s. 809(1st), ch. 82-243; ss. 184, 187, 188, ch. 91-108; s. 4, ch. 91-429.

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Amendments to 631.071

Annotations, Discussions, Cases:

Cases Citing Statute 631.071

Total Results: 3 | Sort by: Relevance | Newest First

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Hobbs v. Don Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994).

Cited 11 times | Published | Florida 5th District Court of Appeal | 1994 WL 515723

...For example, the Act is divided into separate sections concerning grounds for rehabilitation (section 631.051), grounds for liquidation (section 631.061), rehabilitation orders (section 631.101), and liquidation orders (section 631.111). Additionally, section 631.071 authorizes the appointment of an ancillary receiver to conserve the assets of a foreign insurer if grounds for rehabilitation or liquidation exist, while section 631.091 authorizes the appointment of an ancillary receiver to liquidate...

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FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981).

Cited 5 times | Published | Florida 1st District Court of Appeal

...the Department to invoke the powers of the act through delinquency proceedings. By contrast, the authority of the Department and the courts is circumscribed, in the case of foreign insurers, to conservation of the foreign insolvent insurers' assets, Section 631.071, unless there has first been an order for liquidation in the domiciliary state, in which event liquidation of the foreign insurers' Florida assets may be ordered pursuant to Section 631.091....

...urer "adjudicated to be insolvent by a court of competent jurisdiction, if such adjudication has become final by the exhaustion of appellate review." There formerly existed no requirement of an "order of liquidation." The trial court, under Sections 631.071(1) and 631.061(1) clearly has jurisdiction to adjudicate insolvency in connection with the appointment of the Department as ancillary receiver for purposes of conservation....

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Main Ins. v. Bradford, 369 So. 2d 380 (Fla. Dist. Ct. App. 1979).

Published | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14703

receiver] was named in Florida, pursuant to Section 631.071, Florida Statutes (1977). The Illinois rehabi-litator

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