Florida Statutes

Fla. Stat. § 631.171 (2025)

Claims of residents against insurers domiciled in reciprocal states.

✓ 2025 Florida Statutes — current through the 2025 Regular Session Cite as: Fla. Stat. § 631.171 (2025)

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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.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1964–2025 · leading case: Hobbs v. Don Mealey Chevrolet, Inc.

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Hobbs v. Don Mealey Chevrolet, Inc. (1994) fladistctapp · cites it 17× “4th DCA 1981) (citing § 631.171, Fla. Stat. (1979)). But see Colburn v.”

Springer v. Colburn (1964) fla · cites it 2× “Appellee urges that no substantive right of appellant is affected; that adequate substitute remedies are available under F.S. § 631.171(1), F.S.A. which provides that insured may file claims either with the domiciliary receiver or with the ancillary receiver, if any, appointed…”

Florida Ins. Guar. Ass'n, Inc. v. Garcia (1993) fladistctapp · cites it 2× “The mere fact that a statute in a foreign jurisdiction allows the domestic receiver to accept an untimely claim neither affects nor controls the liability of the Florida guarantor for that claim. Only if the claimant chooses to file in the domiciliary state will the law of that…”

FINANCIAL INTERN. LIFE INS. CO. OF NEW MEXICO v. Beta Trust Corp., Ltd. (1981) fladistctapp · cites it 2× “See § 631.171, Fla. Stat. (1979); Vlasaty v. Avco Rent-A-Car System, Inc.”

In the Matter of the Liquidation of Scottish RE (U.S.) Inc. (2025) delch · cites it 3× “Code § 27-32-18 Fla. Stat. § 631.171 (1)–(3) (diverging from foreign insurers Alaska Stat.”

— 631.171(1) — 1 case

Springer v. Colburn (1964) fla “Appellee urges that no substantive right of appellant is affected; that adequate substitute remedies are available under F.S. § 631.171(1), F.S.A. which provides that insured may file claims either with the domiciliary receiver or with the ancillary receiver, if any, appointed…”

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