Florida Statute 631.156 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.156

631.156 Investigation by the department; scope of authority; sharing of materials.—

(1) The department may, under the direction and supervision of the receivership court, conduct an investigation to determine the causes of the insolvency, including whether false statements filed with the department contributed to the insolvency and if any laws of this state, any other state, or the Federal Government relating to the solvency of the insurer were violated; to discover assets for recovery; and to determine the location of assets and their manner of recovery. The department may take statements under oath and examine and review the books, records, and documents of the insurer or any affiliate, controlling person, officer, director, manager, trustee, agent, adjuster, employee, or independent contractor of any insurer or affiliate and any other person possessing any executive authority over, or exercising or having exercised any control over, any segment of the affairs of the insurer or affiliate. Contracts of reinsurance between an insurer and a reinsurer do not constitute the exercise of control by the reinsurer over the insurer for purposes of this section.

(2) The department may provide documents, books, and records; other investigative products, work product, and analysis; and copies of any or all of such materials to the Division of Investigative and Forensic Services or any other appropriate government agency. The sharing of these materials does not waive any work product or other privilege otherwise applicable under law.

(3) The receivership court, upon motion of the department, shall enter an order expediting compliance with the requirements of subsection (1). The court may impose appropriate penalties and sanctions for noncompliance with such order, including penalties and sanctions for the loss, destruction, or spoliation of any evidence that occurs after entry of such order.

History.—s. 11, ch. 2002-25; s. 25, ch. 2016-165.

F.S. 631.156 on Google Scholar

F.S. 631.156 on Casetext

Amendments to 631.156

Arrestable Offenses / Crimes under Fla. Stat. 631.156

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.156.

Annotations, Discussions, Cases:

Cases Citing Statute 631.156

Total Results: 3

Everest Re Group, Ltd. v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-24T00:00:00-07:00

Citation: 10 So. 3d 1120, 2009 Fla. App. LEXIS 3630, 2009 WL 1098936

Snippet: demand in this case is established by Section 631.156, Florida Statutes (2008), which provides that the… of the affairs of the insurer or affiliate. § 631.156, Fla. Stat. (2008). Everest Re contends that it…argument regarding the applicability of section 631.156, Everest Re contends that there is no basis for…behalf of the state. The answer is found in section 631.156, Florida Statutes, the law authorizing the investigation…. Because the demand was authorized by section 631.156, the trial court had authority to order Everest

Hager v. Butler

Court: Fla. | Date Filed: 1945-06-29T00:00:00-07:00

Citation: 22 So. 2d 631, 156 Fla. 113, 1945 Fla. LEXIS 766

Snippet: Sebring, Buford, Thomas 29 June 1945 22 So. 2d 631, 156 Fla. 113, 1945 Fla. LEXIS 766 Alvan B. Rowe,

Mechlow v. Vocelle Moaba v. Vocelle

Court: Fla. | Date Filed: 1945-06-29T00:00:00-07:00

Citation: 22 So. 2d 631, 156 Fla. 115, 1945 Fla. LEXIS 767

Snippet: Sebring, Brown, Thomas 29 June 1945 22 So. 2d 631, 156 Fla. 115, 1945 Fla. LEXIS 767 Hoffman Durant