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Florida Statute 631.031 - Full Text and Legal Analysis
Florida Statute 631.031 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT
View Entire Chapter
F.S. 631.031
631.031 Initiation and commencement of delinquency proceeding.
(1) Upon a determination by the office that one or more grounds for the initiation of delinquency proceedings exist pursuant to this chapter and that delinquency proceedings must be initiated, the Director of the Office of Insurance Regulation shall notify the department of such determination and shall provide the department with all necessary documentation and evidence. If the director must notify the department of a determination regarding a property insurer, the notification must include an affidavit that identifies the grounds for rehabilitation pursuant to s. 631.051; the date that each insurer was deemed impaired of capital or surplus, as the terms impairment of capital and impairment of surplus are defined in s. 631.011, or insolvent, as the term insolvency is defined in s. 631.011; a concise statement of the circumstances that led to the insurer’s delinquency; and a summary of the actions taken by the insurer and the office to avoid delinquency. The department shall then initiate such delinquency proceedings.
(2) The department may commence any such proceeding by application to the court for an order directing the insurer to show cause why the department should not have the relief prayed for. On the return of such order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the policyholders, creditors, stockholders, members, subscribers, or public may require. The department may also commence any such proceeding by application to the court by petition for the entry of a consent order of conservation, rehabilitation, or liquidation.
(3) An insurer subject to an order to show cause entered pursuant to this chapter must file its written response to the order, together with any defenses it may have to the department’s allegations, no later than 20 days after service of the order to show cause, but no less than 15 days before the date of the hearing set by the order to show cause.
(4) A hearing held pursuant to this chapter to determine whether cause exists for the department to be appointed receiver must be commenced within 60 days after an order directing an insurer to show cause.
History.s. 719, ch. 59-205; ss. 13, 35, ch. 69-106; s. 213, ch. 77-104; s. 809(1st), ch. 82-243; s. 38, ch. 88-166; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1343, ch. 2003-261; s. 3, ch. 2017-143; s. 20, ch. 2022-268.

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Amendments to 631.031


Annotations, Discussions, Cases:

Cases Citing Statute 631.031

Total Results: 5

Dolan v. HARTFORD INS. CO. OF THE SE

566 So. 2d 316, 1990 WL 116365

District Court of Appeal of Florida | Filed: Sep 28, 1990 | Docket: 1529241

Cited 3 times | Published

for an automatic stay in proceedings under section 631.031, Florida Statutes. [2] The incident in this

Florida Dept. of Ins. v. Cypress Ins. Co.

660 So. 2d 1177, 1995 Fla. App. LEXIS 10285, 1995 WL 573047

District Court of Appeal of Florida | Filed: Oct 2, 1995 | Docket: 1755759

Cited 1 times | Published

are the responsibility of the circuit court. Section 631.031 recognizes the circuit court's judicial discretion

Florida Office of Insurance Regulation v. Florida Department of Financial Services

159 So. 3d 945, 2015 Fla. App. LEXIS 3576, 2015 WL 1084929

District Court of Appeal of Florida | Filed: Mar 12, 2015 | Docket: 60246713

Published

then initiate such delinquency proceedings.” § 631.031(1), Fla. Stat. “The head of the Office of Insurance

PAYROLL TRANSFERS INTERSTATE v. Forshey

694 So. 2d 80, 1997 Fla. App. LEXIS 4004, 1997 WL 185606

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 1450662

Published

commencement of delinquency proceedings under section 631.031 operates as an automatic stay which prohibits

Williams v. Gottlieb

249 So. 2d 425, 1971 Fla. LEXIS 3606

Supreme Court of Florida | Filed: May 26, 1971 | Docket: 64520930

Published

proceeding filed April 2, 1969, under Florida Statutes § 631.031, F. S.A. Appellee Gottlieb is the judgment creditor