Florida Statutes

Fla. Stat. § 631.071 (2025)

Grounds for conservation; foreign insurers.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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631.071 Grounds for conservation; foreign insurers.The department may apply to the court for an order appointing it as receiver or ancillary receiver, and directing it to conserve the assets within this state, of a foreign insurer upon any of the following grounds:
(1) Upon any of the grounds specified in s. 631.051 or s. 631.061, or
(2) Upon the ground that its property has been sequestrated in its domiciliary sovereignty or in any other sovereignty.
History.s. 723, ch. 59-205; ss. 13, 35, ch. 69-106; s. 809(1st), ch. 82-243; ss. 184, 187, 188, ch. 91-108; s. 4, ch. 91-429.
Notes of Decisions
Cited in 3 cases, 1979–1994 · leading case: Hobbs v. Don Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994).
Hobbs v. Don Mealey Chevrolet, Inc., 642 So. 2d 1149 (Fla. 5th DCA 1994). “Additionally, section 631.071 authorizes the appointment of an ancillary receiver to conserve the assets of a foreign insurer if grounds for rehabilitation or liquidation exist, while section 631.”
FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981). “By contrast, the authority of the Department and the courts is circumscribed, in the case of foreign insurers, to conservation of the foreign insolvent insurers' assets, Section 631.071, unless there has first been an order for liquidation in the domiciliary state, in which…”
Main Ins. v. Bradford, 369 So. 2d 380 (Fla. 3d DCA 1979). · cites it 2× “Thereafter, an ancillary rehabilitator [or receiver] was named in Florida, pursuant to Section 631.071, Florida Statutes (1977).”
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