631.091

Grounds for ancillary liquidation; foreign insurers.

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631.091 Grounds for ancillary liquidation; foreign insurers.—The department may apply to the circuit court for an order appointing it as ancillary receiver of, and directing it to liquidate the business and assets of, a foreign insurer which has assets, business, or claims in this state upon the appointment in the domiciliary state of such insurer of a receiver, liquidator, conservator, rehabilitator, or other officer by whatever name called for the purpose of liquidating the business of such insurer.

History.—s. 725, ch. 59-205; ss. 13, 35, ch. 69-106; s. 809(1st), ch. 82-243; s. 6, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

Notes of Decisions

Cited in 5 cases, 1963–1994 · leading case: FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance

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FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance (1981) fladistctapp · cites it 8× “Resolution of this issue requires, initially, interpretation and construction particularly of Section 631.091, Florida Statutes. FIGA contends that the sole authority for an order of liquidation of a foreign insurer is found in Section 631.”

Hobbs v. Don Mealey Chevrolet, Inc. (1994) fladistctapp “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 631.091 authorizes the appointment of an ancillary receiver to liquidate the assets of a foreign insurer only…”

Nova Ins. Group v. Dept. of Ins. (1992) fladistctapp · cites it 2× “§ 631.091, Fla. Stat. The authority of the ancillary receiver when liquidating an insurer domiciled in a reciprocal state is described in sections 631.”

Colburn v. Highland Realty Co. (1963) fladistctapp · cites it 2× “Section 631.091, Florida Statutes, F.S.A.”

Springer v. Colburn (1964) fla “The commissioner shall file a petition requesting the appointment on the grounds set forth in § 631.091: (a) If he finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver, or (b) If ten or more persons…”

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