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Florida Statute 631.361 - Full Text and Legal Analysis
Florida Statute 631.361 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 631
INSURER INSOLVENCY; GUARANTY OF PAYMENT
View Entire Chapter
F.S. 631.361
631.361 Seizure under court order.
(1) Upon filing by the department in the circuit court in and for Leon County of its verified petition alleging any ground for a formal delinquency proceeding against an insurer under this chapter, alleging that the interests of the insurer’s policyholders, claimants, or creditors or the public will be endangered or jeopardized by delay, and setting forth the order deemed necessary by the department, the court may, ex parte and without notice or hearing, issue forthwith the requested order. The requested order may:
(a) Direct the department to take possession and control of all or part of the property, books, documents, accounts, and other records of the insurer and the premises occupied by it for transaction of its business and premium funds and other property of the insurer held by an affiliate; and
(b) Until further order of court, enjoin the insurer and any affiliate and their officers, directors, managers, agents, and employees from removal, concealment, or other disposition of the insurer’s property, books, records, or accounts and from transaction of the insurer’s business except with the department’s written consent.
(2) The court’s order shall be for such duration specified in the order as the court deems necessary to enable the department to ascertain the insurer’s condition. Upon motion of any party or affected person, or upon its own motion, the court may hold such hearings as it deems desirable, after such notice as it deems appropriate, and may extend, shorten, or modify the terms of the order. The court shall vacate the seizure order if the department fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so, and a seizure order is automatically vacated by issuance of the court’s order pursuant to a formal delinquency proceeding under this chapter.
(3) Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.
History.s. 17, ch. 70-27; s. 1, ch. 70-439; s. 809(1st), ch. 82-243; s. 7, ch. 85-339; s. 3, ch. 87-350; s. 13, ch. 89-360; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.

F.S. 631.361 on Google Scholar

F.S. 631.361 on CourtListener

Amendments to 631.361


Annotations, Discussions, Cases:

Cases Citing Statute 631.361

Total Results: 2

DR Mertens, Inc. v. STATE EX REL., DEPT. OF INSU.

478 So. 2d 1132

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 1484728

Cited 2 times | Published

an order of seizure was entered pursuant to Section 631.361, Florida Statutes, directing the Department

D.R. Mertens, Inc. v. State ex rel. Department of Insurance

478 So. 2d 1132, 10 Fla. L. Weekly 2545, 1985 Fla. App. LEXIS 16832

District Court of Appeal of Florida | Filed: Nov 15, 1985 | Docket: 64615724

Published

an order of seizure was entered pursuant to Section 631.361, Florida Statutes, directing the Department