Florida Statutes
Fla. Stat. § 631.131 (2025)
Order of conservation or ancillary liquidation of foreign or alien insurers.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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631.131 Order of conservation or ancillary liquidation of foreign or alien insurers.—
(1) An order to conserve the assets of a foreign or alien insurer shall require the department forthwith to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court.
(2) An order to liquidate the assets in this state of a foreign insurer shall require the department forthwith to take possession of the property of the insurer within this state, to take all steps necessary to prevent wasting of the assets, to marshal all assets in accordance with s. 631.111(2), insofar as that subsection does not conflict with the rights of the domiciliary receiver, and to liquidate it subject to the orders of the court and with due regard to the rights and powers of the domiciliary receiver as provided in this chapter.
History.—s. 729, ch. 59-205; ss. 13, 35, ch. 69-106; s. 6, ch. 70-27; s. 1, ch. 70-439; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
Notes of Decisions
Cited in 2
cases, 1981–1992 · leading case: Nova Ins. Grp. v. Dept. of Ins., 606 So. 2d 429 (Fla. 1st DCA 1992).
Nova Ins. Grp. v. Dept. of Ins., 606 So. 2d 429 (Fla. 1st DCA 1992). “Section 631.131(2) provides that an order to liquidate the Florida assets of a foreign insurer requires the department to take possession of and liquidate the insurer's Florida property "with due regard to the rights and powers of the domiciliary receiver.”
FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981). “Further, Section 631.131(2) recognizes the paramount authority and control vested in the receiver of the domiciliary state by expressly providing that all steps taken by the Florida Department of Insurance, as ancillary receiver, in the marshalling and liquidation of assets of a…”
— 631.131(2) — 2 cases
Nova Ins. Grp. v. Dept. of Ins., 606 So. 2d 429 (Fla. 1st DCA 1992). “Section 631.131(2) provides that an order to liquidate the Florida assets of a foreign insurer requires the department to take possession of and liquidate the insurer's Florida property "with due regard to the rights and powers of the domiciliary receiver.”
FLORIDA INS. Guar. ASSOC., INC. v. State Ex Rel. Dep't of Ins., 400 So. 2d 813 (Fla. 1st DCA 1981). “Further, Section 631.131(2) recognizes the paramount authority and control vested in the receiver of the domiciliary state by expressly providing that all steps taken by the Florida Department of Insurance, as ancillary receiver, in the marshalling and liquidation of assets of a…”
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