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631.001

Title, construction, and purpose.

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631.001 Title, construction, and purpose.—
(1) This part constitutes and may be cited as the “Insurers Rehabilitation and Liquidation Act.”
(2) This part shall be liberally construed to effect the purposes of this part.
(3) The purposes of this part, which are integral elements of the regulation of the business of insurance and are of vital public interest and concern, are to:
(a) Protect the interests of policyholders, creditors, and other claimants and the public.
(b) Provide a comprehensive scheme for administering insurer receiverships.
(c) Detect any potentially dangerous condition in an insurer and promptly apply appropriate corrective measures.
(d) Implement improved methods for rehabilitating insurers, which methods involve the cooperation and management expertise of the insurance industry.
(e) Enhance the efficiency and economy of the liquidation process by clarifying the law to minimize legal uncertainty and litigation.
(f) Establish a system to equitably apportion any unavoidable loss.
(g) Administer insurer receiverships more efficiently on an interstate and international basis by facilitating cooperation between states and by extending the scope of personal jurisdiction over debtors of the insurer outside this state.
(h) Maximize recovery of assets for the benefit of the insurer’s estate; policyholders, creditors, and other claimants; and the public.
History.—s. 737, ch. 59-205; s. 1, ch. 70-27; s. 1, ch. 70-439; s. 809(1st), ch. 82-243; s. 1, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 3, ch. 2002-25.
Note.—Consolidation of s. 631.001 and former s. 631.211.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1981–2023 · leading case: Sabato v. Florida Department of Insurance
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Sabato v. Florida Department of Insurance (1991) flsd · cites it 5× “Fla.Stat. §§ 631.001-631.399 (1989). 2 . The Orders were issued in: In Re The Receivership of Southeastern Reinsurance Company, Inc.”
Am. Bonding Co. v. Coastal Metal Sales (1996) fladistctapp · cites it 3× “See § 631.001.399, Fla.Stat. (1993); Ariz.Rev.”
Hobbs v. Don Mealey Chevrolet, Inc. (1994) fladistctapp “[2] §§ 631.001 — 399, Fla. Stat. (1991). [3] After the plaintiffs' action accrued, the legislature amended section 48.”
FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance (1981) fladistctapp · cites it 2× “The "purpose" clause, Section 631.001(4), declares that the purpose of the act is "the protection of the interests of insureds, creditors, and the public generally," through (a) Early detection of any potentially dangerous condition in an insurer and prompt application of…”
Snyder v. Douglas (1994) fladistctapp “NOTES [1] §§ 631.001-631.399, Fla. Stat. (1993). [2] §§ 631.”
Sunset Com. Bk. v. Fla. Dept. of Ins. (1987) fladistctapp · cites it 2× “See section 631.001(4)(d), Florida Statutes. Creditor's rights are generally fixed under the act as of the date of the order directing liquidation.”
FINANCIAL INTERN. LIFE INS. CO. OF NEW MEXICO v. Beta Trust Corp., Ltd. (1981) fladistctapp “The Uniform Insurers Liquidation Act, adopted in both Florida and New Mexico, Section 631.001 et seq., Florida Statutes, and Article 59-6-7 et seq.”
Hartnett v. Southern American Fire Insurance Co. (1986) fladistctapp · cites it 2× “Section 631.001(3) provides that the act “shall be liberally construed to effect the purpose stated in subsection (4).”
Lidsky v. Florida Department of Insurance (1994) fladistctapp · cites it 3× “” §§ 631.001-631.399, Fla. Stat. (1993). The partial summary judgment required that Lidsky pay to the Department, as receiver of FMIC, the amount of ,200, plus prejudgment interest.”
State ex rel. Department of Insurance v. Countrywide Truck Insurance Agency (1999) neb “FACTUAL AND PROCEDURAL BACKGROUND In Florida’s petition filed January 12, 1998, it alleged that its Department of Insurance served as the liquidator of USAC pursuant to the Florida Insurers Rehabilitation and Liquidation Act, Fla. Stat. Ann. § 631.001 et seq. (West 1996).”
Hartnett v. SOUTHERN A. FIRE INS. CO. (1986) fladistctapp · cites it 2× “Section 631.001(3) provides that the act "shall be liberally construed to effect the purpose stated in subsection (4).”
State of Fla. v. COUNTRYWIDE TRUCK INS. AGCY. (1999) neb “FACTUAL AND PROCEDURAL BACKGROUND In Florida's petition filed January 12, 1998, it alleged that its Department of Insurance served as the liquidator of USAC pursuant to the Florida Insurers Rehabilitation and Liquidation Act, Fla. Stat. Ann. § 631.001 et seq. (West 1996).”
Show all 13 citing cases →
— 631.001(3) — 2 cases
Hartnett v. Southern American Fire Insurance Co. (1986) fladistctapp “Section 631.001(3) provides that the act “shall be liberally construed to effect the purpose stated in subsection (4).”
Hartnett v. SOUTHERN A. FIRE INS. CO. (1986) fladistctapp “Section 631.001(3) provides that the act "shall be liberally construed to effect the purpose stated in subsection (4).”
— 631.001(4) — 6 cases
Am. Bonding Co. v. Coastal Metal Sales (1996) fladistctapp “See § 631.001.399, Fla.Stat. (1993); Ariz.Rev.”
Sabato v. Florida Department of Insurance (1991) flsd “Fla.Stat. §§ 631.001-631.399 (1989). 2 . The Orders were issued in: In Re The Receivership of Southeastern Reinsurance Company, Inc.”
FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance (1981) fladistctapp “The "purpose" clause, Section 631.001(4), declares that the purpose of the act is "the protection of the interests of insureds, creditors, and the public generally," through (a) Early detection of any potentially dangerous condition in an insurer and prompt application of…”
Hartnett v. Southern American Fire Insurance Co. (1986) fladistctapp “Section 631.001(3) provides that the act “shall be liberally construed to effect the purpose stated in subsection (4).”
Lidsky v. Florida Department of Insurance (1994) fladistctapp “” §§ 631.001-631.399, Fla. Stat. (1993). The partial summary judgment required that Lidsky pay to the Department, as receiver of FMIC, the amount of ,200, plus prejudgment interest.”
— 631.001(4)(a) — 1 case
FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance (1981) fladistctapp “The "purpose" clause, Section 631.001(4), declares that the purpose of the act is "the protection of the interests of insureds, creditors, and the public generally," through (a) Early detection of any potentially dangerous condition in an insurer and prompt application of…”
— 631.001(4)(d) — 2 cases
Sunset Com. Bk. v. Fla. Dept. of Ins. (1987) fladistctapp “See section 631.001(4)(d), Florida Statutes. Creditor's rights are generally fixed under the act as of the date of the order directing liquidation.”
Lidsky v. Florida Department of Insurance (1994) fladistctapp “” §§ 631.001-631.399, Fla. Stat. (1993). The partial summary judgment required that Lidsky pay to the Department, as receiver of FMIC, the amount of ,200, plus prejudgment interest.”
— 631.001(5) — 1 case
Sabato v. Florida Department of Insurance (1991) flsd “Fla.Stat. §§ 631.001-631.399 (1989). 2 . The Orders were issued in: In Re The Receivership of Southeastern Reinsurance Company, Inc.”
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