Florida Statute 631.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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631.011 Definitions.—For the purpose of this part, the term:

(1) “Affiliate” means any entity which exercises control over or is controlled by the insurer, directly or indirectly through:

(a) Equity ownership of voting securities;

(b) Common managerial control; or

(c) Collusive participation by the management of the insurer and affiliate in the management of the insurer or the affiliate.

(2) “Ancillary state” means, any state other than a domiciliary state.

(3) “Assets,” as used in this section, means only allowed assets as defined in chapter 625.

(4) “Bona fide holder for value” means a person who, while not possessing information that would lead a reasonable person similarly situated to believe that the insurer is insolvent or is experiencing an impairment of capital or an impairment of surplus and while unaware of the imminence or pendency of any receivership proceeding against the insurer, has, in the exercise of reasonable business judgment, exchanged his or her own funds, assets, or property for funds, assets, or property of the insurer having an equivalent market value.

(5) “Court” refers to the circuit court in which the receivership proceeding is pending.

(6) “Delinquency proceeding” means any proceeding commenced against an insurer pursuant to this chapter for the purpose of liquidating, rehabilitating, reorganizing, or conserving such insurer.

(7) “Domiciliary state” means the state in which an insurer is incorporated or organized or, in the case of an insurer incorporated or organized in a foreign country, the state in which such insurer, having become authorized to do business in such state, has, at the commencement of a delinquency proceeding, the largest amount of its assets held in trust and assets held on deposit for the benefit of its policyholders or policyholders and creditors in the United States; and any such insurer is deemed to be domiciled in such state.

(8) “Fair consideration” means that consideration which is given for property or assets of an insurer when, in exchange for the funds, assets, or property and in good faith, property is conveyed, services are rendered, or an enforceable obligation not invalidated by the receivership proceedings is created having a value to the insurer of not less than the value of the funds, assets, or property given in exchange.

(9) “Foreign country” means territory not in any state.

(10) “General assets” means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or a limited class or classes of persons, and as to such specifically encumbered property the term includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and assets held on deposit for the security or benefit of all policyholders or all policyholders and creditors in the United States shall be deemed general assets.

(11) “Good faith,” as used in ss. 631.262 and 631.263, means honesty in fact, including, but not limited to, the exercise of reasonable business judgment, in the conduct or transaction concerned, together with the absence of information that would lead a reasonable person in the same position to know that the insurer is insolvent or is experiencing an impairment of capital or an impairment of surplus and together with the absence of knowledge regarding the imminence or pendency of any receivership proceeding against the insurer.

(12) “Impairment of capital” means that the minimum surplus required to be maintained in s. 624.408 has been dissipated and the insurer is not possessed of assets at least equal to all its liabilities together with its total issued and outstanding capital stock, if a stock insurer, or the minimum surplus or net trust fund required by s. 624.407, if a mutual, reciprocal, or business trust insurer.

(13) “Impairment of surplus” means that the surplus of a stock insurer, the additional surplus of a mutual or reciprocal insurer, or the additional net trust fund of a business trust insurer does not comply with the requirements of s. 624.408.

(14) “Insolvency” means that all the assets of the insurer, if made immediately available, would not be sufficient to discharge all its liabilities or that the insurer is unable to pay its debts as they become due in the usual course of business. When the context of any provision of this code so indicates, insolvency also includes and is defined as “impairment of surplus,” as defined in subsection (13), and “impairment of capital,” as defined in subsection (12).

(15) “Insurer,” in addition to persons so defined under s. 624.03, also includes persons purporting to be insurers or organizing, or holding themselves out as organizing, in this state for the purpose of becoming insurers and all insurers who have policyholders resident in this state.

(16) “Liabilities,” as used in subsections (12) and (14), means all liabilities, including those specifically required in s. 625.041.

(17) “Property” includes:

(a) All right, title, and interest of the insolvent entity, whether legal or equitable, tangible or intangible, or choate or inchoate, and includes choses in action, contract rights, and any other interest recognized under the laws of this state.

(b) Entitlements that existed prior to the entry of an order of conservation, rehabilitation, or liquidation and entitlements that may arise by operation of the provisions of this part or other provisions of law allowing the department to avoid prior transfers or assert other rights in its capacity as receiver.

(c) All records and data that are otherwise the property of the insolvent insurer, in whatever form maintained, including, but not limited to, claims and claim files, application files, litigation files, premium records, rate books, underwriting manuals, personnel records, or financial records, or similar records within the possession, custody, or control of a managing general agent, third-party administrator, management company, accountant, attorney, affiliate, or other person.

(18) “Receiver” means a receiver, liquidator, rehabilitator, reorganizer, or conservator, as the context may require.

(19) “Receivership” means the placement of an insurer under the control of a receiver pursuant to a delinquency proceeding under this part.

(20) “Reciprocal state” means any state other than this state in which in substance and effect the provisions of the Insurers Rehabilitation and Liquidation Act are in force, including the provisions requiring that the commissioner of insurance or equivalent insurance supervisory official be the receiver of a delinquent insurer.

(21) “Secured claim” means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise but does not include a special deposit claim, a claim against general assets, or a claim based on mere possession. The term also includes a claim which more than 4 months before the commencement of a delinquency proceeding in the state of the insurer’s domicile has become a lien upon specific assets by reason of judicial process.

(22) “Special deposit claim” means any claim secured by a deposit made pursuant to statute for the security or benefit of a limited class or classes of persons, but not including any general assets.

(23) “State” is as defined in s. 624.08.

History.—s. 717, ch. 59-205; ss. 13, 35, ch. 69-106; s. 2, ch. 70-27; s. 1, ch. 70-439; s. 809(1st), ch. 82-243; s. 2, ch. 83-38; s. 1, ch. 87-350; s. 5, ch. 89-360; ss. 82, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 26, ch. 93-410; s. 4, ch. 2002-25.

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F.S. 631.011 on CourtListener

Amendments to 631.011

Annotations, Discussions, Cases:

Cases Citing Statute 631.011

Total Results: 24

O'Reilly v. Ceuleers

912 F.2d 1383, 1990 U.S. App. LEXIS 16926

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 1990 | Docket: 827276

Cited 22 times | Published

that IMC was "statutorily insolvent under Section 631.011(9) and Chapter 641 of the Florida Statutes

Florida Department of Insurance v. Blackburn (In Re Blackburn)

209 B.R. 4, 10 Fla. L. Weekly Fed. B 343, 1997 Bankr. LEXIS 694, 1997 WL 274785

United States Bankruptcy Court, M.D. Florida | Filed: May 20, 1997 | Docket: 1431353

Cited 16 times | Published

non-natural person may be an "affiliate." Section 631.011(1), Florida Statutes, defines the term "affiliate"

Hobbs v. Don Mealey Chevrolet, Inc.

642 So. 2d 1149, 1994 WL 515723

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 1529494

Cited 11 times | Published

rehabilitation, reorganization and conservation. § 631.011(5), Fla. Stat. (1993). Thus, in amending the statute

Am. Bonding Co. v. Coastal Metal Sales

679 So. 2d 1250, 1996 Fla. App. LEXIS 9462, 1996 WL 517155

District Court of Appeal of Florida | Filed: Sep 13, 1996 | Docket: 1665821

Cited 7 times | Published

"domiciliary state" for ABC under the UILA.[1]See § 631.011(6), Fla. Stat. (1993); Ariz.Rev.Stat. Ann. § 20-611(3)

Nova Ins. Group v. Dept. of Ins.

606 So. 2d 429, 1992 Fla. App. LEXIS 9768, 1992 WL 221534

District Court of Appeal of Florida | Filed: Sep 11, 1992 | Docket: 135999

Cited 6 times | Published

a "reciprocal state" within the meaning of section 631.011(14), Florida Statutes, defined as a state other

FLORIDA INS. GUARANTY ASS'N, INC. v. Dolan

355 So. 2d 141, 1978 Fla. App. LEXIS 15295

District Court of Appeal of Florida | Filed: Feb 7, 1978 | Docket: 1360742

Cited 6 times | Published

become and was declared insolvent pursuant to § 631.011(5), Florida Statutes (1975). Pursuant to federal

FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance

400 So. 2d 813

District Court of Appeal of Florida | Filed: Jun 30, 1981 | Docket: 1677030

Cited 5 times | Published

entered an order finding Main insolvent under Section 631.011(5), Florida Statutes (1979), and appointing

Ocean Bank v. STATE, DEPT. OF FIN. SERVICES

902 So. 2d 833, 2005 WL 723866

District Court of Appeal of Florida | Filed: Mar 31, 2005 | Docket: 1257191

Cited 3 times | Published

except that a secured claim as defined in section 631.011(21) may proceed under section 631.191 after

Gruber v. Caremark, Inc.

853 So. 2d 540, 2003 Fla. App. LEXIS 12852, 2003 WL 22023305

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1189503

Cited 3 times | Published

Pennsylvania is Legion's domiciliary state under section 631.011(7), Florida Statutes (2002), and arguably is

Ramos v. Jackson

510 So. 2d 1241, 12 Fla. L. Weekly 2037

District Court of Appeal of Florida | Filed: Aug 18, 1987 | Docket: 1593044

Cited 3 times | Published

CURIAM. The trial court held that pursuant to Section 631.011(10),[1] Florida Statutes (1985), Ch. 631, Florida

Frontier Ins. Co. v. AMER. TITLE SERV.

838 So. 2d 1178, 2003 Fla. App. LEXIS 287, 2003 WL 131638

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 461403

Cited 2 times | Published

Liquidation Act, is by definition a reciprocal state. § 631.011(20), Fla. Stat. (2002). Thus, under principles

DR Mertens, Inc. v. STATE EX REL., DEPT. OF INSU.

478 So. 2d 1132

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 1484728

Cited 2 times | Published

Florida Home impaired within the meaning of Section 631.011(3) and (4), Florida Statutes, and appointed

DR Mertens, Inc. v. STATE EX REL., DEPT. OF INSU.

478 So. 2d 1132

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 1484728

Cited 2 times | Published

Florida Home impaired within the meaning of Section 631.011(3) and (4), Florida Statutes, and appointed

Johnson v. Government Employees Ins. Co.

333 So. 2d 542

District Court of Appeal of Florida | Filed: May 4, 1976 | Docket: 1291001

Cited 2 times | Published

definition of `insolvency' as contained in Section 631.011 of the Florida Statutes was not incorporated

Bartholomew v. Glens Falls Insurance Group

241 So. 2d 698

District Court of Appeal of Florida | Filed: Oct 9, 1970 | Docket: 1455548

Cited 2 times | Published

embraced by the Florida Insurance Code, i.e., Section 631.011, Florida Statutes [F.S.A.]; and that such definition

Devonshire at PGA National, LLC v. State ex rel. Department of Financial Services

103 So. 3d 1060, 2013 WL 132695, 2013 Fla. App. LEXIS 479, 38 Fla. L. Weekly Fed. D 123

District Court of Appeal of Florida | Filed: Jan 11, 2013 | Docket: 60226876

Cited 1 times | Published

become due in the usual course of business.” § 631.011(14). . DFS also argues that Devonshire has no

State Department of Financial Services v. Branch Banking & Trust Co.

40 So. 3d 829, 2010 Fla. App. LEXIS 10147, 2010 WL 2732606

District Court of Appeal of Florida | Filed: Jul 13, 2010 | Docket: 1667107

Cited 1 times | Published

issue; it does not require mutual debts. See § 631.011(21), Fla. Stat. (2009) (providing that "`[s]ecured

Provident Capital Indemnity, Ltd. v. State ex rel. Department of Insurance of the State of Florida

677 So. 2d 363, 1996 Fla. App. LEXIS 6886, 1996 WL 364736

District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 64766308

Published

rehabilitating, reorganizing, or conserving such insurer.” § 631.011(5), Fla. Stat. (1993). Accordingly, the circuit

State, Department of Insurance v. State Mutual Life Assurance Co. of America

604 So. 2d 505, 1992 Fla. App. LEXIS 6475

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 64669500

Published

Although the term "affiliate” was used in section 631.011, Florida Statutes (1986), a fraudulent conveyance

O'Reilly v. Ceuleers

912 F.2d 1383, 1990 WL 129265

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 1990 | Docket: 66257860

Published

that IMC was “statutorily insolvent under Section 631.011(9) and Chapter 641 of the Florida Statutes

Sierra v. International Medical Centers, Inc.

538 So. 2d 102, 14 Fla. L. Weekly 410, 1989 Fla. App. LEXIS 535, 1989 WL 8359

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 64640341

Published

defined in s. 631.011(15); _ (emphasis added) Section 631.011(15) states: (15) “Secured claim” means any

Urich & Shenkman, P.A. v. Horizon Insurance Co.

491 So. 2d 1195, 11 Fla. L. Weekly 1545, 1986 Fla. App. LEXIS 8774

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 64620806

Published

not a secured claim as contemplated under Section 631.011(14), Florida Statutes (1983), and determining

D.R. Mertens, Inc. v. State ex rel. Department of Insurance

478 So. 2d 1132, 10 Fla. L. Weekly 2545, 1985 Fla. App. LEXIS 16832

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 64615724

Published

Florida Home impaired within the meaning of Section 631.011(3) and (4), Florida Statutes, and appointed

In re Guaranteed Insurance Underwriters

33 B.R. 582, 9 Collier Bankr. Cas. 2d 593, 1983 Bankr. LEXIS 5375, 11 Bankr. Ct. Dec. (CRR) 104

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 21, 1983 | Docket: 65778549

Published

law for domestic insurance companies. Fla.Stat. § 631.011(6). The corporate subsidiary is not presently

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