Florida Statute 631.181 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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631.181 Filing and proof of claim.—

(1)(a) Proof of a claim shall be filed with the receiver in the form required by subsection (2) on or before the last day for filing specified in the notice required under subsection (3), except that proof of claim for cash surrender values or other investment values in life insurance and annuities need not be filed unless the receiver expressly so requires. Claims filed after the deadline may not share in distributions from the estate except to the extent allowed by exceptions specified in this section.

(b) The court may permit a claimant making a late filing to share in distributions, whether past or future, as if the claimant were not late, to prevent manifest injustice to the extent that any such payment will not prejudice the orderly administration of the liquidation, under any of the following circumstances:

1. The existence of the claim was not known to the claimant and the claimant filed her or his claim as promptly thereafter as reasonably possible after learning of it.

2. A transfer to the claimant was avoided under ss. 631.261 and 631.262.

3. The valuation under s. 631.191 of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation.

(c) The court shall permit late-filed claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing when such payments were made and expenses incurred as provided by law.

(d) The court may consider any claim filed late which is not covered by paragraph (b) and permit it to receive distributions which are subsequently declared on any claims of a lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on her or his claim as is then being paid to claimants of any lower priority. This payment of percentages shall continue until her or his claim has been paid in full.

(2)(a) Proof of a claim shall consist of a statement signed by the claimant that includes all of the following information which is applicable:

1. The particulars of the claim, including the consideration given for it.

2. The identity and amount of the security on the claim.

3. The payments made on the debt, if any.

4. A statement that the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim.

5. Any right of priority of payment or other specific right asserted by the claimants.

6. A copy of the written instrument which is the foundation of the claim.

7. The name and address of the claimant and the attorney who represents her or him, if any.

(b) No claim need be considered or allowed if it does not contain all the information in paragraph (a) which is applicable. The receiver may require that a prescribed form be used, that other information and documents be included, and that the proof of claim be verified by an affidavit of the claimant.

(c) At any time, the receiver may request the claimant to present information or evidence supplementary to that required under paragraph (a) and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.

(d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion, need be considered as evidence of liability or of the quantum of damages. No judgment or order against an insured or the insurer entered within 4 months before the filing of the petition need be considered as evidence of liability or of the quantum of damages.

(e) All claims of a guaranty association or foreign guaranty association shall be in such form and contain such substantiation as may be agreed to by the association and the receiver.

(f) The signed statement required by this section shall not be required on claims for which adequate claims file documentation exists within the records of the insolvent insurer. Claims for payment of unearned premium shall not be required to use the signed statement required by this section if the receiver certifies to the guaranty fund that the records of the insolvent insurer are sufficient to determine the amount of unearned premium owed to each policyholder of the insurer and such information is remitted to the guaranty fund by the receiver in electronic or other mutually agreed-upon format.

(g) Upon application of the receiver:

1. The receivership court may allow alternative procedures and requirements for the filing of proofs of claim or for allowing or proving claims.

2. If the receivership court waives the requirements of filing a proof of claim for a person, class, or group of persons, a timely proof of claim by such person, class, or group is deemed to be filed for all purposes. However, the receivership court may not waive guaranty association or coverage determination proof of claim filing requirements, to the extent that the guaranty fund statute or filing requirements are inconsistent with the receivership court’s waiver of proof.

(3) After the entry of the order of liquidation against a Florida-domiciled insurer, regardless of any prior notice that may have been given to creditors, the receiver shall notify all persons who may have claims against the insurer that they must file such claims with it at a place and within the time specified in the notice, or else such claims will be late filed. The Florida receiver need not give such notice in ancillary proceedings if the receiver obtains an order from the court authorizing the receiver to not send out such notices, which order the court shall issue upon satisfactory evidence that the domiciliary receiver will be sending out similar notices and will accept and evaluate claims from Florida residents, that Florida residents may have objections to evaluations heard in Florida, and that there are reasonable assurances that Florida policyholders and claimants will be treated fairly and equally as compared to residents of the domicile state. The time specified in the notice shall be as fixed by the court for filing of claims and shall be not less than 6 months after the entry of the order of insolvency. The notice shall be given in such manner and for such reasonable period of time as may be ordered by the court.

(4) The receiver may petition the receivership court to set a date certain before which all contingent or unliquidated claims are final. In addition to the notice requirements in this section, the receiver shall give notice of filing the petition to all claimants with claims that remain contingent or unliquidated under this section.

(5) Notwithstanding any other provision of this chapter, the receiver may petition the receivership court to set a date certain after which no further claims may be filed.

History.—s. 734, ch. 59-205; ss. 13, 35, ch. 69-106; s. 7, ch. 70-27; s. 809(1st), ch. 82-243; s. 11, ch. 83-38; ss. 90, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 401, ch. 97-102; s. 31, ch. 2006-12; s. 9, ch. 2017-143.

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Amendments to 631.181

Annotations, Discussions, Cases:

Cases Citing Statute 631.181

Total Results: 13 | Sort by: Relevance | Newest First

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Imagine Ins. Co., Ltd. v. State Ex Rel. Dept. of Fin. Servs., 999 So. 2d 693 (Fla. 1st DCA 2008).

Cited 8 times | Published | Florida 1st District Court of Appeal | 2008 WL 5220645

...ppointment as receiver and the order of liquidation these deposit accounts were subject to a potential contractual claim upon the promissory note. Sunset Commercial Bank did not assert such a claim until after the order of liquidation, at which time section 631.181, Florida Statutes, requires the filing of claims in the receivership court."); see also Barnett Bank of Jacksonville v....

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Am. Bonding Co. v. Coastal Metal Sales, 679 So. 2d 1250 (Fla. 2d DCA 1996).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 9462, 1996 WL 517155

...Thus, Florida is a reciprocal state in the proceeding filed in Arizona as the domiciliary state. Some aspects of this reciprocity are clear. Unless Florida establishes an ancillary receivership, claims against ABC must be filed with the domiciliary receiver. § 631.181(3), Fla.Stat....

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Nova Ins. Grp. v. Dept. of Ins., 606 So. 2d 429 (Fla. 1st DCA 1992).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1992 Fla. App. LEXIS 9768, 1992 WL 221534

...l be allowed to intervene in any delinquency proceeding in this state brought under this chapter for the purpose of seeking or obtaining payment of any judgment, lien, or other claim of any kind. The claims procedure set out in ss. 631.161, 631.171, 631.181, 631.182, 631.191, 631.192, and 631.193 constitutes the exclusive means of obtaining payment of claims from the receivership estate....

...to the insurer, and thus not in the receivership estate, in the court administering the receivership. But cf., Mall Bank v. State ex rel. Dept. of Ins., 462 So.2d 519, 520 (Fla. 1st DCA 1985) and Sunset Commercial Bank, 509 So.2d at 367 (construing section 631.181 to require the filing of all claims against an entity in receivership, as opposed to claims against the receivership estate, in the receivership court)....

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Mall Bank v. State Ex Rel. Dept., 462 So. 2d 519 (Fla. 1st DCA 1985).

Cited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 94

...nty of this state in which it deems that such proceeding may be most economically and efficiently conducted. The Bank has a claim against the Receiver based on the guaranty agreement which the Receiver is seeking to void pursuant to section 631.261. Section 631.181, Florida Statutes, requires that all claims against a company in receivership be filed with the Receiver....

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Sandrew Const. v. DeFourny, 515 So. 2d 1351 (Fla. 2d DCA 1987).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1987 WL 1805

...under the care of the Florida Insurance Guaranty Association (FIGA) in accordance with the provisions of chapter 631, Florida Statutes (1981). As potential creditors of Iowa National, both DeFourny and the carrier filed claims with FIGA pursuant to section 631.181, Florida Statutes (1981)....

...olvent insurer under the provisions of chapter 631. We, accordingly, hold that although the prohibition against subrogation recoveries contained in section 631.54(3) justified FIGA's denial of the carrier's claim filed directly with FIGA pursuant to section 631.181, the prohibition cannot properly be applied to justify striking the carrier's lien filed pursuant to section 440.39(3)(a)....

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Sunset Com. Bk. v. Fla. Dept. of Ins., 509 So. 2d 366 (Fla. 1st DCA 1987).

Cited 3 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1494

...At the time of the Department's appointment as receiver and the order of liquidation these deposit accounts were subject to a potential contractual claim upon the promissory note. Sunset Commercial Bank did not assert such a claim until after the order of liquidation, at which time section 631.181, Florida Statutes, requires the filing of claims in the receivership court....

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Blizzard v. WH Roof Co., Inc., 556 So. 2d 1237 (Fla. 5th DCA 1990).

Cited 2 times | Published | Florida 5th District Court of Appeal | 1990 WL 15388

...We also find no merit in Blizzard's final argument. He contends the legislature has improperly allowed an agency *1239 (FIGA as receiver) to declare what the law is or has allowed the agency unrestricted discretion in applying the law. Art. II, § 3, Fla. Const. He argues that section 631.181 allows the applicable statute of limitations to be set by a receiver instead of the legislature....

...Roof maintains that the statutes in question do not constitute an unlawful delegation because they contain sufficient guidelines regarding the time frame in which claims must be filed and, thus, there is no unrestricted discretion in applying the law. Section 631.181(3) states: After the entry of the order of liquidation, regardless of any prior notice that may have been given to creditors, the receiver shall notify all persons who may have claims against the insurer that they must file such claim...

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Hartnett v. S. Am. Fire Ins. Co., 495 So. 2d 902 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 2149, 1986 Fla. App. LEXIS 10131

...anty Association may seek reimbursement from the receivership. The liquidation of the subject insurance company began in 1975 and is governed by Chapter 631, Florida Statutes (1975). Claims against insolvent insurers are processed in accordance with Section 631.181, which provides, after claims are filed, that the receiver prepare a report together with his recommendations which are forwarded to the circuit court. The court thereafter conducts a hearing upon providing notice “to such persons as shall appear to the court to be interested therein.” Section 631.181(3) (e.s.). All interested persons are entitled to appear at the hearing. Section 631.181(4)....

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Hartnett v. S. a. Fire Ins. Co., 495 So. 2d 902 (Fla. 1st DCA 1986).

Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2149

...anty Association may seek reimbursement from the receivership. The liquidation of the subject insurance company began in 1975 and is governed by Chapter 631, Florida Statutes (1975). Claims against insolvent insurers are processed in accordance with Section 631.181, which provides, after claims are filed, that the receiver prepare a report together with his recommendations which are forwarded to the circuit court. The court thereafter conducts a hearing upon providing notice "to such persons as shall appear to the court to be interested therein." Section 631.181(3) (e.s.). All interested persons are entitled to appear at the hearing. Section 631.181(4)....

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Miller v. Pagodin, 591 So. 2d 677 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2, 1992 WL 265

...When the appellant applied to Value for PIP benefits, she was informed that Ideal Mutual Insurance Company, Value’s insurance carrier, had become insolvent and that the Florida Insurance Guaranty Association (FIGA) was handling all applicable claims. Pursuant to section 631.181(3), Florida Statutes (1985), FIGA served notice of the deadline for the filing of claims against Ideal Mutual by publication....

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In re the Receivership of Syndicate Two, Inc., 538 So. 2d 945 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 471, 1989 Fla. App. LEXIS 807

...Fine, Jacobson, Schwartz, Nash, Block & England, P.A., 517 So.2d 88 , 90 n. 2 (Fla. 3d DCA 1987), review denied, 525 So.2d 879 (1988)). Thus, any determination regarding the validity or payment of the retaining lien would be premature at this point. Rather, the law firm should abide by the provisions of section 631.181, requiring it to file a proof of claim in the delinquency proceedings, and authorizing the circuit court, which has exclusive original jurisdiction over such matters, to adjudicate the validity of the claim and its priority under section 631.271....

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Bender v. State, Dep't of Fin. Servs., 17 So. 3d 770 (Fla. 1st DCA 2009).

Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 10964, 2009 WL 2392908

...The receiver shall resolve objections to the satisfaction of the claimant or schedule a hearing before the court on objections filed to its report. ... (2) At the hearing, any interested person is entitled to appear. The hearing shall not be de novo but shall be limited to the record as described in s. 631.181(2). The court shall enter an order allowing, allowing in part, or disallowing *773 the claim. Any such order is deemed to be an appealable order. § 631.182, Fla. Stat. (2000). Section 631.181(2), Florida Statutes, provides that when considering a claim, [n]o judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insu...

...sidered as evidence of liability or of the quantum of damages. No judgment or order against an insured or the insurer entered within 4 months before the filing of the petition need be considered as evidence of liability or of the quantum of damages. § 631.181(2)(d), Fla....

...In the present case, although Appellants brought medical negligence suits against Dr. Meriwether before Caduceus' voluntary placement in receivership, they did not obtain judgments until two and six years, respectively, after the receivership process began. Section 631.181, although not mandatory, goes so far as to state that judgments entered up to 4 months before the filing of a liquidation petition need not be considered as evidence of liability or amount of damages. § 631.181(2)(d), Fla....

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Mall Bank v. State ex rel. Dep't of Ins., 506 So. 2d 460 (Fla. 1st DCA 1987).

Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1076, 1987 Fla. App. LEXIS 7814

...State ex rel. Department of Insurance, supra, indicates, the Bank is wrongfully withholding funds which Chapter 631, and prior orders of the receivership court, require it to pay subject to claim. The burden of presenting its claim was upon the Bank. See section 631.181, Florida Statutes....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.