Florida/Georgia Personal Injury & Workers Compensation

...entitled to seek appointment as Central's ancillary receiver for purposes of liquidation. § 631.091, Fla. Stat. The authority of the ancillary receiver when liquidating an insurer domiciled in a reciprocal state is described in sections 631.152 and 631.131....

...ed, the ancillary receiver has the sole right to recover "the other assets of the insurer located in this state." § 631.152(2), Fla. Stat. See also, Florida Ins. Guar. Assoc., Inc. v. State, ex rel. Dept. of Ins., 400 So.2d 813 (Fla. 1st DCA 1981). Section 631.131(2) provides that an order to liquidate the Florida assets of a foreign insurer requires the department to take possession of and liquidate the insurer's Florida property "with due regard to the rights and powers of the domiciliary rec...

...ange the focus of the entire section which is, undoubtedly, upon property belonging to the insurer but in the possession of another. Our interpretation of section 631.154 is buttressed by numerous sections of the act which, like sections 631.152 and 631.131 discussed above, restrict the receiver's activities to recovering property of the insurer....

...domestic insurers, Sections 631.051, 631.061, and for the conservation or ancillary liquidation of the United States branch of alien insurers (an insurer formed under laws of a foreign country, Section 624.06(3), Florida Statutes), Sections 631.081, 631.131....

...miciliary state, we note that Section 631.141 vests full title in the Florida receiver of an insurer domiciled in Florida, with the same reservations concerning assets in other jurisdictions that an ancillary receiver in Florida would have. Further, Section 631.131(2) recognizes the paramount authority and control vested in the receiver of the domiciliary state by expressly providing that all steps taken by the Florida Department of Insurance, as ancillary receiver, in the marshalling and liquid...