The 2023 Florida Statutes (including Special Session C)

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.

F.S. 631.181 on Google Scholar

F.S. 631.181 on Casetext

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 from cite.case.law:

BENDER v. STATE DEPARTMENT OF FINANCIAL SERVICES, v., 17 So. 3d 770 (Fla. Dist. Ct. App. 2009)

. . . The hearing shall not be de novo but shall be limited to the record as described in s. 631.181(2). . . . Section 631.181(2), Florida Statutes, provides that when considering a claim, [n]o judgment or order . . . filing of the petition need be considered as evidence of liability or of the quantum of damages. § 631.181 . . . Section 631.181, although not mandatory, goes so far as to state that judgments entered up to U months . . . filing of a liquidation petition need not be considered as evidence of liability or amount of damages. § 631.181 . . .

IMAGINE INSURANCE CO. LTD. v. STATE DEPARTMENT OF FINANCIAL SERVICES a, 999 So. 2d 693 (Fla. Dist. Ct. App. 2008)

. . . Commercial Bank did not assert such a claim until after the order of liquidation, at which time section 631.181 . . .

AMERICAN BONDING COMPANY, v. COASTAL METAL SALES, INC., 679 So. 2d 1250 (Fla. Dist. Ct. App. 1996)

. . . . § 631.181(3), Fla.Stat. (1993); cf. Ariz.Rev.Stat. Ann. § 20-627 (1990). . . .

R. HOBBS, Co. v. DON MEALEY CHEVROLET, INC., 642 So. 2d 1149 (Fla. Dist. Ct. App. 1994)

. . . state.... (3) If a notice to file claims has not been issued by the Florida receiver pursuant to s. 631.181 . . .

NOVA INSURANCE GROUP, INC. v. FLORIDA DEPARTMENT OF INSURANCE,, 606 So. 2d 429 (Fla. Dist. Ct. App. 1992)

. . . The claims procedure set out in ss. 631.161, 631.171, 631.181, 631.182, 631.191, 631.192, and 631.193 . . . So.2d 519, 520 (Fla. 1st DCA 1985) and Sunset Commercial Bank, 509 So.2d at 367 (construing section 631.181 . . .

MILLER, v. PAGODIN, A- A-, 591 So. 2d 677 (Fla. Dist. Ct. App. 1992)

. . . Pursuant to section 631.181(3), Florida Statutes (1985), FIGA served notice of the deadline for the filing . . .

D. WEGENER W. v. FLORIDA DEPARTMENT OF INSURANCE,, 590 So. 2d 455 (Fla. Dist. Ct. App. 1991)

. . . Appellants’ request for a remand for the making of further findings is unwarranted in light of paragraph 631.181 . . .

BLIZZARD, a By BLIZZARD v. W. H. ROOF CO. INC. a, 556 So. 2d 1237 (Fla. Dist. Ct. App. 1990)

. . . He argues that section 631.181 allows the applicable statute of limitations to be set by a receiver instead . . . Section 631.181(3) states: After the entry of the order of liquidation, regardless of any prior notice . . .

In RECEIVERSHIP OF SYNDICATE TWO, INC. a, 538 So. 2d 945 (Fla. Dist. Ct. App. 1989)

. . . Rather, the law firm should abide by the provisions of section 631.181, requiring it to file a proof . . .

SANDREW CONSTRUCTION v. D. DeFOURNY,, 515 So. 2d 1351 (Fla. Dist. Ct. App. 1987)

. . . 631.54(3) justified FIGA’s denial of the carrier’s claim filed directly with FIGA pursuant to section 631.181 . . .

SUNSET COMMERCIAL BANK, v. FLORIDA DEPARTMENT OF INSURANCE,, 509 So. 2d 366 (Fla. Dist. Ct. App. 1987)

. . . Commercial Bank did not assert such a claim until after the order of liquidation, at which time section 631.181 . . .

MALL BANK, v. STATE DEPARTMENT OF INSURANCE, 506 So. 2d 460 (Fla. Dist. Ct. App. 1987)

. . . See section 631.181, Florida Statutes. . . .

J. HARTNETT v. SOUTHERN AMERICAN FIRE INSURANCE COMPANY, a, 495 So. 2d 902 (Fla. Dist. Ct. App. 1986)

. . . Claims against insolvent insurers are processed in accordance with Section 631.181, which provides, after . . . Section 631.181(3) (e.s.). All interested persons are entitled to appear at the hearing. . . . Section 631.181(4). . . .

MALL BANK, v. STATE DEPARTMENT OF INSURANCE, 462 So. 2d 519 (Fla. Dist. Ct. App. 1985)

. . . Section 631.181, Florida Statutes, requires that all claims against a company in receivership be filed . . .

FLORIDA INSURANCE GUARANTY ASSOCIATION, INC. v. STATE DEPARTMENT OF INSURANCE, 400 So. 2d 813 (Fla. Dist. Ct. App. 1981)

. . . act contains detailed provisions with respect to the filing of claims, Sections 631.161, 631.171 and 631.181 . . .