Florida Statute 631.111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.111

631.111 Order of liquidation; domestic insurers.—

(1) An order to liquidate the business of a domestic insurer shall direct the department forthwith to take immediate possession of the property of the insurer, to marshal all the assets of the insurer, to liquidate its business, to deal with the insurer’s property and business in its own name or in the name of the insurer, as the court may direct, and to give notice to all creditors who may have claims against the insurer to present such claims, as the court may direct.

(2) The order of liquidation shall authorize and direct the department to take immediate possession of all the property, assets, and estate, including, but not limited to, all offices maintained by the insurer and all rights of action, books, documents, papers, evidences of debt, and all other property of every kind whatsoever and wheresoever located belonging to the insurer, including, but not limited to, all bank accounts, stocks, bonds, debentures, mortgages, all premiums collected by premium finance companies or any person otherwise engaged in premium financing, agents, subagents, producing agents, brokers, service representatives, or others and not paid to the insurer, furniture, fixtures, equipment, office supplies, and all real property of the insurer and to hold all such assets pending further orders of the court.

(3) The department may apply for and secure an order dissolving the corporate existence of a domestic insurer upon its application for an order of liquidation of such insurer or at any time after such order has been granted.

History.—s. 727, ch. 59-205; ss. 13, 35, ch. 69-106; s. 5, ch. 70-27; s. 1, ch. 70-439; s. 809(1st), ch. 82-243; s. 7, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 92, ch. 2003-1.

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Amendments to 631.111

Arrestable Offenses / Crimes under Fla. Stat. 631.111

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.111.

Annotations, Discussions, Cases:

Cases Citing Statute 631.111

Total Results: 6

State v. Whitby

Court: Supreme Court of Florida | Date Filed: 2008-02-07

Citation: 975 So. 2d 1124, 33 Fla. L. Weekly Supp. 90, 2008 Fla. LEXIS 143

Snippet: v. Leesville Concrete Co., Inc., 500 U.S. 614, 631, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991); Powers v.

State v. Whitby

Court: Supreme Court of Florida | Date Filed: 2008-02-07

Citation: 975 So. 2d 1124, 2008 WL 321509

Snippet: v. Leesville Concrete Co., Inc., 500 U.S. 614, 631, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991); Powers v.

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: vested in the Department pursuant to sections 631.111 and 631.141, Florida Statutes. [2] The appellants

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: vested in the Department pursuant to sections 631.111 and 631.141, Florida Statutes. . The appellants

Hobbs v. Don Mealey Chevrolet, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1994-09-23

Citation: 642 So. 2d 1149, 1994 WL 515723

Snippet: (section 631.101), and liquidation orders (section 631.111). Additionally, section 631.071 authorizes the

Florida Independent Automobile Dealers Ass'n Health & Welfare Benefit Plan ex rel. Reinecke Agency, Inc. v. Fidelity Security Life Ins.

Court: District Court of Appeal of Florida | Date Filed: 1994-01-21

Citation: 636 So. 2d 37, 1994 Fla. App. LEXIS 184

Snippet: other property” of FIADA “pursuant to section 631.111 and section 631.141, Florida Statutes, including