CopyCited 14 times | Published | Supreme Court of Florida
...CALDWELL, Justice. This cause is before us on interlocutory appeal to review the trial court's order which directly passed upon the validity of a state statute in striking a portion of appellant's answer. The defense stricken asserted that the application of F.S. § 631.201, F.S.A....
...is not contrary to the *514 Constitution of the State of Florida or the Constitution of the United States. * *" The following are the pertinent dates and facts: October 1, 1958, purchase of insurance contract; October 1, 1959, effective date of F.S. § 631.201, F.S.A.; October 30, 1959, delinquency proceedings begun in Michigan against the insurance company; January, 1961, suit by insured against insurer for failure to pay a claim; March 23, 1961, judgment in suit by insured against insurer obta...
...ent; October 3, 1961, complaint of insurance company filed seeking to set aside sheriff's deed; February, 1962, appointment in Michigan of Colburn as receiver. In a suit to set aside the sheriff's deed, plaintiff below, appellee here, relied on F.S. § 631.201, F.S.A., [1] which is as follows: "During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets....
...affected with the public interest, the enactment of the Uniform Insurer's Liquidation Act [2] and its application is a proper exercise by the Legislature of its police power. No case was cited and none is found touching the constitutionality of F.S. § 631.201, F.S.A....
...[15] However, notice to the Commissioner of the commencement of delinquency proceedings in another state, imposes no duty upon him to petition for an ancillary receiver to protect Florida creditors. [16] In view of the foregoing it is obvious that remedies available under F.S. § 631.201, F.S.A....
...Since nothing in the statute requires retroactive application [18] we construe it to operate prospectively only. A different construction would render the act unconstitutional. [19] We are aided in this construction by the saving clause [20] of the Insurance Code, of which F.S. § 631.201, F.S.A....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1994 WL 515723
...(3) If a notice to file claims has not been issued by the Florida receiver pursuant to s.
631.181(3), claims shall be proved and filed before the domiciliary receiver. [11] Although section
631.171 does not prevent the plaintiffs from bringing this action against AFSLIC, section
631.201 does prevent the plaintiffs, during the pendency of AFSLIC's rehabilitation proceeding in Missouri, from bringing any "action or proceeding in the nature of an attachment, garnishment, or execution ... in the courts of this state against [AFSLIC] or its assets." §
631.201, Fla. Stat. (1993). Unlike section
631.171, section
631.201's prohibition applies to all delinquency proceedings, not just liquidation proceedings....
