The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . receiver for Homewise for purposes of rehabilitation and issuing an automatic mandatory stay under section 631.041 . . . insurer when the Department of Finance files a delinquency petition against . the insolvent insurer. § 631.041 . . .
. . . . § 631.041(1), Fla. Stat. (2011). . . . and that stay is permanent because of the Consent Order requiring the liquidation of First Home. § 631.041 . . . The plaintiffs action against the insolvent insurer is permanently stayed by virtue of section 631.041 . . .
. . . Compare § 631.041, Fla. Stat. (2010) with § 631.57(2)(c). . . .
. . . order to allow Devonshire to appeal, which it has done; it also granted an automatic stay under section 631.041 . . .
. . . 2006, Southern Family was placed in receivership for liquidation purposes, and pursuant to section 631.041 . . .
. . . The receivership court entered a notice of automatic stay under section 631.041(1), Florida Statutes . . .
. . . . § 631.041(l)(a), Fla.Stat. (2002). . . .
. . . argument that a stay should not be issued because the stay in this case is not within the scope of section 631.041 . . . Regardless of whether section 631.041 applies, the New York court in its Order of Rehabilitation has . . .
. . . This is an appeal from the denial of a motion for a stay pursuant to section 631.041, Florida Statutes . . . included appointment of the Department of Insurance as the receiver and a stay provision, pursuant to 631.041 . . . Staffing moved for a stay of the proceedings pursuant to section 631.041, as it had done previously in . . . In Forshey, the court held, inter alia, that section 631.041 stays proceedings only against the insolvent . . .
. . . the workers’ compensation proceedings should have been stayed pursuant to the provisions of section 631.041 . . . The only stay provision in chapter 631 which was asserted to bar these proceedings is section 631.041 . . . PTI argues that it should have been protected under section 631.041 because the receiver has the power . . . Section 631.041 only stays proceedings against the insurer or its assets. . . . So.2d 334, 334-35 (Fla. 1st DCA 1995) (“only the insurer is protected by the provisions of section 631.041 . . .
. . . Just as the state of Florida would expect Arizona to honor a stay pursuant to section 631.041, Florida . . .
. . . Sections 631.041(l)(a) and (b), Florida Statutes, provide that a petition for an order of rehabilitation . . . Section 631.041(2) authorizes the receivership court to grant relief from “the stay against obtaining . . . To the extent that section 631.041(4) may be read to authorize the issuance of an injunction “to prevent . . . being removed as a nominal party in Seapine’s action against appellants, but we do not read section 631.041 . . . The Florida Statute 631.041 automatic stay and injunctions contained in the August 12, 1991 Order of . . . automatic stay in place, asserting that the court had exceeded its statutory authority under section 631.041 . . . Noting that sections 631.041(l)(a) and (b) provide that a petition for an order of rehabilitation of . . . To the extent that section 631.041(4) maybe read to authorize the issuance of an injunction “to prevent . . . being removed as a nominal party in Seapine’s action against appellants, but we do not read section 631.041 . . . simply modified that portion of its “discretionary injunction,” issued under the authority of section 631.041 . . . Sea-pine did not establish the requisite justification for issuance of an injunction pursuant to section 631.041 . . . It argues that section 631.041(4) “does not prohibit actions against the Department of Insurance as receiver . . .
. . . judicial and administrative proceedings against the insurer or its assets in accordance with section 631.041 . . . led us to the preliminary conclusion that only the insurer is protected by the provisions of section 631.041 . . .
. . . insurer’s assets, an act Cypress clearly accomplished by its settlement agreement in violation of section 631.041 . . .
. . . FIGA also alleged that such a stay was appropriate under section 631.041. . . .
. . . judicial action against the Plan, or the enforcement of any judgment against the Plan, pursuant to Section 631.041 . . .
. . . The order also gives notice pursuant to section 631.041(1), Florida Statutes, that the department’s petition . . . The department insists that the stay was appropriate pursuant to section 631.041(l)(a) which prohibits . . . as defined in section 631.011(15), and therefore, it should not have been stayed pursuant to section 631.041 . . . Section 631.041(2) describes the procedure by which a person affected by the automatic stay may seek . . .
. . . We note that subsequently section 631.041, Florida Statutes, has been amended to provide for an automatic . . .
. . . The question presented is whether section 631.041, Florida Statutes, provides an automatic stay of an . . . While this appeal was pending, the legislature amended section 631.041, effective August 5, 1988, which . . . added) We hold, in response to the question presented, that the automatic stay provision of section 631.041 . . .