Florida/Georgia Personal Injury & Workers Compensation

...Section 523(a)(6) of the Bankruptcy Code. Issues As previously indicated, there are three remaining issues to be resolved in connection with the defendant's motion for summary judgment: A. Can a natural person be an "affiliate" within the meaning of Section 631.399, Florida Statutes? In Count III of the GSL complaint and in Count II of the AGL complaint, the plaintiff seeks to recover from the defendant certain transfers made by the respective insurance companies to defendant or for his benefit....

...tatute permits the receiver of an insurer in liquidation, such as the plaintiff, to recover "from any affiliate [of the insurer], the amount or value of distributions . . . made at any time during the 5 years preceding the petition for liquidation." § 631.399(1), Fla.Stat....

...This statutory definition provides that the term "`[a]ffiliate' means any entity which exercises control over or is controlled by the insurer, directly or indirectly through. . . ." § 631.011(1), Fla.Stat. (emphasis added). The defendant traces the changes to the statute and points out that over time the Legislature amended Section 631.399 to replace the term "person" with the term "affiliate" as the object of the receiver's statutory recovery powers....

...e required relationship with the insurer. For these reasons, the court concludes, as a matter of law, that the defendant, as a natural person, can be an "affiliate" of GSL and AGL for purposes of the plaintiff's recovery of distributions pursuant to Section 631.399, Florida Statutes, if and when the plaintiff proves at trial the other conditions of recovery mandated by the statute....

...This cause of action was originated by the Department of Insurance of the State of Florida as an insurer delinquency proceeding pursuant to chapter 631, Florida Statutes, against the insolvent insurer, Capitol Fidelity Life Insurance Company. The show cause order, entered under the authority of the provisions of section 631.399, Florida Statutes, in response to the Department's petition, joined appellants as third party defendants to the proceeding and directed them to show cause why they should not be required to return cash distributions made to them as affiliates of Capitol Fidelity Life....

...1st DCA 1985); Flagship National Bank v. Commercial Bank & Trust Company, 428 So.2d 361 (Fla. 3d DCA 1983). Appellants further assert the trial court's lack of subject matter jurisdiction on the ground that they are not affiliates of Capitol Fidelity Life under section 631.399, Florida Statutes....

...ng the defense that they are not affiliates. Such a non-final order affecting subject matter jurisdiction is not reviewable in an interlocutory appeal pursuant to rule 9.130(a)(3). The proper arena for determination of the "affiliate" question under section 631.399 is in the trial court....

...(Onyx), which mortgaged the property to Ocean, before deeding it back to Aries. DFS contends that the transfer to Onyx was illegal, an illegality in which Ocean was complicit, and that DFS is entitled to the asset, undiminished by the encumbrance. See § 631.399, Fla....