Fla. Stat. 631.051
Grounds for rehabilitation; domestic insurers


(1)

Is impaired or insolvent;

(2)

Has failed to comply with an order of the office to make good an impairment of capital or surplus or both;

(3)

Is found by the office to be in such condition or is using or has been subject to such methods or practices in the conduct of its business, as to render its further transaction of insurance presently or prospectively hazardous to its policyholders, creditors, stockholders, or the public;

(4)

Has failed, or its parent corporation, subsidiary, or affiliated person controlled by either the insurer or the parent corporation has failed, to submit its books, documents, accounts, records, and affairs pertaining to the insurer to the reasonable inspection or examination of the office or its authorized representative; or any individual exercising any executive authority in the affairs of the insurer, or parent corporation, or subsidiary, or affiliated person has refused to be examined under oath by the office or its authorized representative, whether within this state or otherwise, concerning the pertinent affairs of the insurer, or parent corporation or subsidiary or affiliated person; or if examined under oath refuses to divulge pertinent information reasonably known to her or him; or officers, directors, agents, employees, or other representatives of the insurer or parent corporation, subsidiary, or affiliated person have failed to comply promptly with the reasonable requests of the office or its authorized representative for the purposes of, and during the conduct of, any such examination;

(5)

Has concealed or removed records or assets or otherwise violated s. 628.271 or s. 628.281;

(6)

Through its board of directors or governing body is deadlocked in the management of the insurer’s affairs and that the members of a mutual, reciprocal, or any other type of organization or stockholders are unable to break the deadlock and that irreparable injury to the insurer, its creditors, its policyholders, its members or subscribers, or the public is threatened by reason thereof;

(7)

Has transferred or attempted to transfer substantially its entire property or business, or has entered into any transaction the effect of which is to merge substantially its entire property or business into that of any other insurer or entity without having first obtained the written approval of the office under the provisions of s. 628.451, s. 628.461, or s. 628.4615, as the case may be;

(8)

Has willfully violated its charter or certificate of incorporation or any law of this state;

(9)

Is in such a position that control of it, whether by stock ownership or otherwise, and whether direct or indirect, is in one or more persons found by the office after notice and hearing to be dishonest or untrustworthy; or that the insurer has failed, upon order of the office and expiration of such reasonable time for such removal as the office shall specify in the order, to remove any person who in fact has executive authority, directly or indirectly, in the insurer, whether as an officer, director, manager, agent, employee, or otherwise, and if such person has been found by the office after notice and hearing, to be incompetent, dishonest, untrustworthy, or so lacking in insurance company managerial experience as to be hazardous to the insurance-buying public;

(10)

Has been or is the subject of an application for the appointment of a receiver, trustee, custodian, or sequestrator of the insurer or its property otherwise than pursuant to the provisions of this code, but only if such an appointment has been made or is imminent;

(11)

Has consented to such an order through a majority of its directors, stockholders, members, or subscribers;

(12)

Has failed to pay a final judgment rendered against it in this state upon any insurance contract issued or assumed by it, within 60 days after the judgment became final, within 60 days after the time for taking an appeal has expired, or within 30 days after dismissal of an appeal before final determination, whichever date is the later;

(13)

Has been the victim of embezzlement, wrongful sequestration, conversion, diversion, or encumbering of its assets; forgery or fraud affecting it; or other illegal conduct in, by, or with respect to it, which if established would threaten its solvency; or that the office has reasonable cause to so believe any of the foregoing has occurred or may occur;

(14)

Is engaging in a systematic practice of reaching settlements with and obtaining releases from policyholders or third-party claimants and then unreasonably delaying payment of, or failing to pay, the agreed-upon settlements; or

(15)

Within the previous 12 months has systematically attempted to compromise with creditors on the ground that it is financially unable to pay its claims in full.

Source: Section 631.051 — Grounds for rehabilitation; domestic insurers, https://www.­flsenate.­gov/Laws/Statutes/2024/0631.­051 (accessed Aug. 7, 2025).

631.001
Title, construction, and purpose
631.011
Definitions
631.015
Reciprocity
631.021
Jurisdiction of delinquency proceeding
631.025
Persons subject to this part
631.031
Initiation and commencement of delinquency proceeding
631.041
Automatic stay
631.042
Extension of time
631.051
Grounds for rehabilitation
631.061
Grounds for liquidation
631.071
Grounds for conservation
631.081
Grounds for conservation
631.091
Grounds for ancillary liquidation
631.101
Order of rehabilitation
631.111
Order of liquidation
631.112
Subordination of claims for noncooperation
631.121
Order of liquidation
631.131
Order of conservation or ancillary liquidation of foreign or alien insurers
631.141
Conduct of delinquency proceeding
631.152
Conduct of delinquency proceeding
631.153
Intervention
631.154
Funds, assets, or other property in the possession of third person
631.155
Agents’ balances
631.156
Investigation by the department
631.157
Civil action by the receiver
631.161
Claims of nonresidents against insurers domiciled in this state
631.171
Claims of residents against insurers domiciled in reciprocal states
631.181
Filing and proof of claim
631.182
Receiver claims report and claimants objections procedure
631.191
Special deposit claims
631.192
Allowance of certain claims
631.193
Releases
631.195
Records of insurers
631.201
Attachment and garnishment of assets
631.205
Reinsurance proceeds
631.206
Arbitration
631.221
Deposit of moneys collected
631.231
Exemption from fees
631.241
Borrowing on pledge of assets
631.251
Date rights fixed on liquidation
631.252
Continuation of coverage
631.261
Voidable transfers
631.262
Transfers prior to petition
631.263
Transfers after petition
631.271
Priority of claims
631.281
Offsets
631.311
Report and petition for assessment
631.321
Order and levy of assessment
631.331
Assessment prima facie correct
631.341
Notice of insolvency to policyholders by insurer, general agent, or agent
631.361
Seizure under court order
631.371
Seizure under order of the department
631.391
Cooperation of officers and employees
631.392
Immunity
631.395
Guaranty fund
631.397
Use of certain marshaled assets
631.398
Prevention of insolvencies
631.399
Receiver’s right to recover distributions made to affiliate
631.400
Rehabilitation of title insurer
631.401
Recovery of assessments and assumed policy obligations
631.0515
Appointment of receiver
631.1521
Actions by and against the receiver
631.1522
Unrecorded obligations and defenses and claims of affiliates
631.2715
Liability under federal priority of claims law
631.3915
Actions for damages

Current through Fall 2025

§ 631.051. Grounds for rehabilitation; domestic insurers's source at flsenate​.gov