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Fla. Stat. § 631.263 (2025)

Transfers after petition.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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631.263 Transfers after petition.—
(1) After the original petition is filed in any delinquency proceeding, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The recording of a copy of the petition for, or order in, any delinquency proceeding with the clerk of the circuit court in the county where any real property in question is located is constructive notice of the commencement of a delinquency proceeding. The exercise by a court of the United States or any state with jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.
(2) After the original petition for a delinquency proceeding has been filed and before an order of conservation, rehabilitation, or liquidation is granted:
(a) A transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred.
(b) A person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property or any part thereof to the insurer or upon her or his order, with the same effect as if the petition were not pending.
(3) A person having actual knowledge of the pending delinquency proceeding shall be deemed not to act in good faith.
(4) A person asserting the validity of a transfer under this section has the burden of proof. Except as elsewhere provided in this section, any transfer by or in behalf of the insurer after the date of filing of the original petition in any delinquency proceeding requesting the appointment of a receiver, as defined in s. 631.011, by any person other than the receiver is not valid against the receiver.
(5) Nothing in this section shall impair the negotiability of currency or negotiable instruments.
(6) For the purposes of this section, a transfer is not made until the insurer or affiliate has acquired rights in the property transferred.
History.—s. 12, ch. 70-27; s. 809(1st), ch. 82-243; s. 20, ch. 83-38; s. 6, ch. 85-339; s. 2, ch. 87-350; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 404, ch. 97-102; s. 36, ch. 2004-374.
Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Lidsky v. Florida Dep't of Ins., 643 So. 2d 631 (Fla. 1st DCA 1994).
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Lidsky v. Florida Dep't of Ins., 643 So. 2d 631 (Fla. 1st DCA 1994). · cites it 7× “Relevant to the instant proceeding is section 631.263 providing that the transfer of any property of the insurer made after the petition is filed, but before the liquidation order is entered, is voidable unless made to a person “acting in good faith,” in which ease the transfer…”
— 631.263(2)(a) — 1 case
Lidsky v. Florida Dep't of Ins., 643 So. 2d 631 (Fla. 1st DCA 1994). “Relevant to the instant proceeding is section 631.263 providing that the transfer of any property of the insurer made after the petition is filed, but before the liquidation order is entered, is voidable unless made to a person “acting in good faith,” in which ease the transfer…”
— 631.263(3) — 1 case
Lidsky v. Florida Dep't of Ins., 643 So. 2d 631 (Fla. 1st DCA 1994). “Relevant to the instant proceeding is section 631.263 providing that the transfer of any property of the insurer made after the petition is filed, but before the liquidation order is entered, is voidable unless made to a person “acting in good faith,” in which ease the transfer…”
— 631.263(4) — 1 case
Lidsky v. Florida Dep't of Ins., 643 So. 2d 631 (Fla. 1st DCA 1994). “Relevant to the instant proceeding is section 631.263 providing that the transfer of any property of the insurer made after the petition is filed, but before the liquidation order is entered, is voidable unless made to a person “acting in good faith,” in which ease the transfer…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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