Florida Statute 631.181 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.181

631.181 Filing and proof of claim.—

(1)(a) Proof of a claim shall be filed with the receiver in the form required by subsection (2) on or before the last day for filing specified in the notice required under subsection (3), except that proof of claim for cash surrender values or other investment values in life insurance and annuities need not be filed unless the receiver expressly so requires. Claims filed after the deadline may not share in distributions from the estate except to the extent allowed by exceptions specified in this section.

(b) The court may permit a claimant making a late filing to share in distributions, whether past or future, as if the claimant were not late, to prevent manifest injustice to the extent that any such payment will not prejudice the orderly administration of the liquidation, under any of the following circumstances:

1. The existence of the claim was not known to the claimant and the claimant filed her or his claim as promptly thereafter as reasonably possible after learning of it.

2. A transfer to the claimant was avoided under ss. 631.261 and 631.262.

3. The valuation under s. 631.191 of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation.

(c) The court shall permit late-filed claims to share in distributions, whether past or future, as if they were not late, if such claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing when such payments were made and expenses incurred as provided by law.

(d) The court may consider any claim filed late which is not covered by paragraph (b) and permit it to receive distributions which are subsequently declared on any claims of a lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on her or his claim as is then being paid to claimants of any lower priority. This payment of percentages shall continue until her or his claim has been paid in full.

(2)(a) Proof of a claim shall consist of a statement signed by the claimant that includes all of the following information which is applicable:

1. The particulars of the claim, including the consideration given for it.

2. The identity and amount of the security on the claim.

3. The payments made on the debt, if any.

4. A statement that the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim.

5. Any right of priority of payment or other specific right asserted by the claimants.

6. A copy of the written instrument which is the foundation of the claim.

7. The name and address of the claimant and the attorney who represents her or him, if any.

(b) No claim need be considered or allowed if it does not contain all the information in paragraph (a) which is applicable. The receiver may require that a prescribed form be used, that other information and documents be included, and that the proof of claim be verified by an affidavit of the claimant.

(c) At any time, the receiver may request the claimant to present information or evidence supplementary to that required under paragraph (a) and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.

(d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion, need be considered as evidence of liability or of the quantum of damages. No judgment or order against an insured or the insurer entered within 4 months before the filing of the petition need be considered as evidence of liability or of the quantum of damages.

(e) All claims of a guaranty association or foreign guaranty association shall be in such form and contain such substantiation as may be agreed to by the association and the receiver.

(f) The signed statement required by this section shall not be required on claims for which adequate claims file documentation exists within the records of the insolvent insurer. Claims for payment of unearned premium shall not be required to use the signed statement required by this section if the receiver certifies to the guaranty fund that the records of the insolvent insurer are sufficient to determine the amount of unearned premium owed to each policyholder of the insurer and such information is remitted to the guaranty fund by the receiver in electronic or other mutually agreed-upon format.

(g) Upon application of the receiver:

1. The receivership court may allow alternative procedures and requirements for the filing of proofs of claim or for allowing or proving claims.

2. If the receivership court waives the requirements of filing a proof of claim for a person, class, or group of persons, a timely proof of claim by such person, class, or group is deemed to be filed for all purposes. However, the receivership court may not waive guaranty association or coverage determination proof of claim filing requirements, to the extent that the guaranty fund statute or filing requirements are inconsistent with the receivership court’s waiver of proof.

(3) After the entry of the order of liquidation against a Florida-domiciled insurer, regardless of any prior notice that may have been given to creditors, the receiver shall notify all persons who may have claims against the insurer that they must file such claims with it at a place and within the time specified in the notice, or else such claims will be late filed. The Florida receiver need not give such notice in ancillary proceedings if the receiver obtains an order from the court authorizing the receiver to not send out such notices, which order the court shall issue upon satisfactory evidence that the domiciliary receiver will be sending out similar notices and will accept and evaluate claims from Florida residents, that Florida residents may have objections to evaluations heard in Florida, and that there are reasonable assurances that Florida policyholders and claimants will be treated fairly and equally as compared to residents of the domicile state. The time specified in the notice shall be as fixed by the court for filing of claims and shall be not less than 6 months after the entry of the order of insolvency. The notice shall be given in such manner and for such reasonable period of time as may be ordered by the court.

(4) The receiver may petition the receivership court to set a date certain before which all contingent or unliquidated claims are final. In addition to the notice requirements in this section, the receiver shall give notice of filing the petition to all claimants with claims that remain contingent or unliquidated under this section.

(5) Notwithstanding any other provision of this chapter, the receiver may petition the receivership court to set a date certain after which no further claims may be filed.

History.—s. 734, ch. 59-205; ss. 13, 35, ch. 69-106; s. 7, ch. 70-27; s. 809(1st), ch. 82-243; s. 11, ch. 83-38; ss. 90, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 401, ch. 97-102; s. 31, ch. 2006-12; s. 9, ch. 2017-143.

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Amendments to 631.181

Arrestable Offenses / Crimes under Fla. Stat. 631.181

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.181.

Annotations, Discussions, Cases:

Cases Citing Statute 631.181

Total Results: 16

Bender v. State, Department of Financial Services

Court: District Court of Appeal of Florida | Date Filed: 2009-08-06

Citation: 17 So. 3d 770, 2009 Fla. App. LEXIS 10964, 2009 WL 2392908

Snippet: shall be limited to the record as described in s. 631.181(2). The court shall enter an order allowing, allowing

Imagine Ins. Co., Ltd. v. State Ex Rel. Dept. of Financial Services

Court: District Court of Appeal of Florida | Date Filed: 2008-12-16

Citation: 999 So. 2d 693, 2008 WL 5220645

Snippet: the order of liquidation, at which time section 631.181, Florida Statutes, requires the filing of claims

Am. Bonding Co. v. Coastal Metal Sales

Court: District Court of Appeal of Florida | Date Filed: 1996-09-13

Citation: 679 So. 2d 1250, 1996 Fla. App. LEXIS 9462, 1996 WL 517155

Snippet: must be filed with the domiciliary receiver. § 631.181(3), Fla.Stat. (1993); cf. Ariz.Rev.Stat. Ann. §

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: issued by the Florida receiver pursuant to s. 631.181(3), claimants against the insurer who reside within

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

Miller v. Pagodin

Court: District Court of Appeal of Florida | Date Filed: 1992-01-03

Citation: 591 So. 2d 677, 1992 Fla. App. LEXIS 2, 1992 WL 265

Snippet: handling all applicable claims. Pursuant to section 631.181(3), Florida Statutes (1985), FIGA served notice

Wegener v. Florida Department of Insurance

Court: District Court of Appeal of Florida | Date Filed: 1991-11-05

Citation: 590 So. 2d 455, 1991 Fla. App. LEXIS 11034, 1991 WL 225482

Snippet: findings is unwarranted in light of paragraph 631.181(2)(d), Florida Statutes (1989).2 Affirmed. . The

Blizzard v. WH Roof Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-02-22

Citation: 556 So. 2d 1237, 1990 WL 15388

Snippet: Art. II, § 3, Fla. Const. He argues that section 631.181 allows the applicable statute of limitations to

In re the Receivership of Syndicate Two, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1989-02-14

Citation: 538 So. 2d 945, 14 Fla. L. Weekly 471, 1989 Fla. App. LEXIS 807

Snippet: firm should abide by the provisions of section 631.181, requiring it to file a proof of claim in the delinquency

Sandrew Const. v. DeFourny

Court: District Court of Appeal of Florida | Date Filed: 1987-11-25

Citation: 515 So. 2d 1351, 1987 WL 1805

Snippet: carrier filed claims with FIGA pursuant to section 631.181, Florida Statutes (1981). FIGA denied the carrier's

Sunset Com. Bk. v. Fla. Dept. of Ins.

Court: District Court of Appeal of Florida | Date Filed: 1987-06-17

Citation: 509 So. 2d 366, 12 Fla. L. Weekly 1494

Snippet: the order of liquidation, at which time section 631.181, Florida Statutes, requires the filing of claims

Mall Bank v. State ex rel. Department of Insurance

Court: District Court of Appeal of Florida | Date Filed: 1987-04-21

Citation: 506 So. 2d 460, 12 Fla. L. Weekly 1076, 1987 Fla. App. LEXIS 7814

Snippet: presenting its claim was upon the Bank. See section 631.181, Florida Statutes. The Department’s failure to

Hartnett v. Southern American Fire Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1986-10-14

Citation: 495 So. 2d 902, 11 Fla. L. Weekly 2149, 1986 Fla. App. LEXIS 10131

Snippet: insurers are processed in accordance with Section 631.181, which provides, after claims are filed, that the

Hartnett v. SOUTHERN A. FIRE INS. CO.

Court: District Court of Appeal of Florida | Date Filed: 1986-10-14

Citation: 495 So. 2d 902, 11 Fla. L. Weekly 2149

Snippet: insurers are processed in accordance with Section 631.181, which provides, after claims are filed, that the

Mall Bank v. STATE EX REL. DEPT.

Court: District Court of Appeal of Florida | Date Filed: 1985-01-03

Citation: 462 So. 2d 519, 10 Fla. L. Weekly 94

Snippet: seeking to void pursuant to section 631.261. Section 631.181, Florida Statutes, requires that all claims against

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