Florida Statute 631.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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631.101 Order of rehabilitation; termination.—

(1) An order to rehabilitate a domestic insurer shall direct the department forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary as the court may direct.

(2) If at any time the department deems that further efforts to rehabilitate the insurer would be useless, it may apply to the court for an order of liquidation.

(3) The department, or any interested person upon due notice to the department, at any time may apply to the court for an order terminating the rehabilitation proceedings and permitting the insurer to resume possession of its property and the conduct of its business, but no such order shall be made or entered except when, after a hearing, the court has determined that the purposes of the proceeding have been fully accomplished.

History.—s. 726, ch. 59-205; ss. 13, 35, ch. 69-106; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

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Amendments to 631.101

Annotations, Discussions, Cases:

Cases Citing Statute 631.101

Total Results: 2 | 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

...Florida's Insurers Rehabilitation and Liquidation Act similarly distinguishes rehabilitation proceedings from liquidation proceedings. 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)....

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In re the Receivership of Southland Ins. Co., 535 So. 2d 648 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 2755, 1988 Fla. App. LEXIS 5572, 1988 WL 134435

...Appellant, Southland Insurance Company (Southland), seeks review of the trial court’s denial of its motion to stay liquidation and/or motion for extension of time, filed in response to a petition for an order of liquidation made by the receiver, Department of Insurance (Department), pursuant to Section 631.101(2), Florida Statutes (1987)....

...onserve the assets of the insurer, section 631.141(5), and to take such steps as it deems necessary "to reform and revitalize the insurer.” Section 631.141(7). . The order appointing the Department the receiver of appellant was entered pursuant to Section 631.101(1), Florida Statutes (1987), requiring it, in conducting the business of the insurer, "to take such steps toward removal of the causes and conditions which have made rehabilitation necessary_”

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