Florida Statute 631.031 | Lawyer Caselaw & Research

The 2024 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.

F.S. 631.031 on Google Scholar

F.S. 631.031 on Casetext

Amendments to 631.031

Arrestable Offenses / Crimes under Fla. Stat. 631.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.031.

Annotations, Discussions, Cases:

Cases Citing Statute 631.031

Total Results: 10

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

Court: District Court of Appeal of Florida | Date Filed: 2015-03-12

Citation: 159 So. 3d 945, 2015 Fla. App. LEXIS 3576

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

PAYROLL TRANSFERS INTERSTATE v. Forshey

Court: District Court of Appeal of Florida | Date Filed: 1997-04-18

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

Snippet: commencement of delinquency proceedings under section 631.031 operates as an automatic stay which prohibits "[t]he

In Re Guarantee SEC. Life Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1996-08-28

Citation: 678 So. 2d 828, 1996 Fla. App. LEXIS 9736

Snippet: December 1992 orders and noting that under sections 631.031(4) and 631.041(1), Florida Statutes (1991), Seapine

Peter v. State ex rel. Department of Insurance

Court: District Court of Appeal of Florida | Date Filed: 1996-06-19

Citation: 678 So. 2d 828, 1996 Fla. App. LEXIS 6417

Snippet: December 1992 orders and noting that under sections 631.031(4) and 631.041(1), Florida Statutes (1991), Seapine

Jimmy Lang's Auto Service v. Proctor

Court: District Court of Appeal of Florida | Date Filed: 1995-10-24

Citation: 667 So. 2d 334, 1995 WL 619881

Snippet: Statutes: (1) An application or petition under s. 631.031 operates as a matter of law as an automatic stay

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

Court: District Court of Appeal of Florida | Date Filed: 1995-10-02

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

Snippet: that the Department was empowered by sections 631.031 and 631.061, Florida Statutes (1991), to apply

Dolan v. HARTFORD INS. CO. OF THE SE

Court: District Court of Appeal of Florida | Date Filed: 1990-09-28

Citation: 566 So. 2d 316, 1990 WL 116365

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

Sierra v. International Medical Centers, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1989-02-07

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

Snippet: provides: (1) An application or petition under s. 631.031 operates as an automatic stay applicable to all

Williams v. Gottlieb

Court: Supreme Court of Florida | Date Filed: 1971-05-26

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

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

Springer v. Colburn

Court: Supreme Court of Florida | Date Filed: 1964-02-19

Citation: 162 So. 2d 513

Snippet: Code since 1959. [2] Fla. Stat. §§ 631.011(2-3), 631.031, 631.041, 631.141-631.211 (1961), F.S.A. [3] 153