Florida Statute 631.251 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT

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F.S. 631.251

631.251 Date rights fixed on liquidation.—Except as provided in ss. 631.192 and 631.252, the rights and liabilities of the insurer and its creditors, policyholders, stockholders, members, and subscribers and all other persons interested in its estate shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which made the order, subject to the provisions of this chapter with respect to the rights of claimants holding contingent claims. No offset shall be allowed in favor of any person unless the claim of offset is fully mature, or, in the case of a reinsurance agreement, the insurer’s obligation is incurred, as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which made the order, and a claim of offset shall not create a secured claim to any funds or property in the possession of the person claiming offset.

History.—s. 741, ch. 59-205; s. 9, ch. 70-27; s. 809(1st), ch. 82-243; s. 18, ch. 83-38; s. 10, ch. 89-360; s. 6, ch. 90-248; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

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Amendments to 631.251

Arrestable Offenses / Crimes under Fla. Stat. 631.251

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 631.251.

Annotations, Discussions, Cases:

Cases Citing Statute 631.251

Total Results: 4

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: benefit of the Contract and Trust Agreement. Section 631.251, Florida Statutes (2004), provides: Date rights

Lidsky v. Florida Department of Insurance

Court: District Court of Appeal of Florida | Date Filed: 1994-09-14

Citation: 643 So. 2d 631, 1994 Fla. App. LEXIS 8785

Snippet: as of the date of the liquidation order. See § 631.251. However, before the liquidation order is finally

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: of the order directing liquidation. See section 631.251, Florida Statutes. Upon being appointed as receiver

Barnett Bank v. State, Dept. of Ins.

Court: District Court of Appeal of Florida | Date Filed: 1987-05-05

Citation: 507 So. 2d 142, 12 Fla. L. Weekly 1146

Snippet: this position for the following reasons. Section 631.251, Florida Statutes (1985), provides that the rights