Florida Statute 631.171 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.171

631.171 Claims of residents against insurers domiciled in reciprocal states.—

(1) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, if a notice to file claims has been issued by the Florida receiver pursuant to s. 631.181(3), claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary receiver. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.

(2) If a notice to file claims has been issued by the Florida receiver pursuant to s. 631.181(3), claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in the ancillary proceeding, if any, in this state. If a claimant elects to prove her or his claim in this state, the claimant shall file her or his claim with the receiver in the manner provided in s. 631.181(1) and (2). The ancillary receiver shall make its recommendation to the court as under s. 631.182(2), shall arrange a date for hearing if necessary under s. 631.182(1), and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of her or his intention to contest the claim, she or he is entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.

(3) If a notice to file claims has not been issued by the Florida receiver pursuant to s. 631.181(3), claims shall be proved and filed before the domiciliary receiver.

(4) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.

History.—s. 733, ch. 59-205; s. 809(1st), ch. 82-243; s. 10, ch. 83-38; s. 3, ch. 85-339; ss. 89, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 400, ch. 97-102.

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Amendments to 631.171

Arrestable Offenses / Crimes under Fla. Stat. 631.171

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.171.

Annotations, Discussions, Cases:

Cases Citing Statute 631.171

Total Results: 6

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: receiver had been appointed in Florida, section 631.171 of the Act required all claims against AFSLIC to

Florida Ins. Guar. Ass'n, Inc. v. Garcia

Court: District Court of Appeal of Florida | Date Filed: 1993-03-05

Citation: 614 So. 2d 684, 1993 WL 56800

Snippet: apply the Florida statute of limitations. See § 631.171, Fla. Stat. (1985). In sum, we embrace the view

Nova Ins. Group v. Dept. of Ins.

Court: District Court of Appeal of Florida | Date Filed: 1992-09-11

Citation: 606 So. 2d 429, 1992 Fla. App. LEXIS 9768

Snippet: The claims procedure set out in ss. 631.161, 631.171, 631.181, 631.182, 631.191, 631.192, and 631.193

FINANCIAL INTERN. LIFE INS. CO. OF NEW MEXICO v. Beta Trust Corp., Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1981-11-04

Citation: 405 So. 2d 306

Snippet: receiver has been appointed in Florida. See § 631.171, Fla. Stat. (1979); Vlasaty v. Avco Rent-A-Car

FLORIDA INS. GUARANTY ASSOC., INC. v. State Ex Rel. Department of Insurance

Court: District Court of Appeal of Florida | Date Filed: 1981-06-30

Citation: 400 So. 2d 813

Snippet: respect to the filing of claims, Sections 631.161, 631.171 and 631.181, and contains special provisions with

Springer v. Colburn

Court: Supreme Court of Florida | Date Filed: 1964-02-19

Citation: 162 So. 2d 513

Snippet: substitute remedies are available under F.S. § 631.171(1), F.S.A. which provides that insured may file