reglab/housing_qa huggingface dataset:
FL Stat § 631.65 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part II - Florida Insurance Guaranty of Payments (Ss. 631.50-631.70)|631.65 - Advertisement or solicitation.

631.65 Advertisement or solicitation.—An advertisement or a solicitation that uses the existence of the association for the purpose of sales, solicitation, or inducement to purchase any form of insurance covered under this part must explain the coverage limits of the association set forth in s. 631.57(1) which apply to the type of insurance described in the advertisement or solicitation.History.—s. 16, ch. 70-20; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 14, ch. 2009-87; s. 9, ch. 2015-135.
FL Stat § 631.66 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part II - Florida Insurance Guaranty of Payments (Ss. 631.50-631.70)|631.66 - Immunity.

631.66 Immunity.—There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, the Chief Financial Officer, or the department or office or their representatives for any action taken by them in the performance of their powers and duties under this part. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.History.—s. 17, ch. 70-20; s. 809(1st), ch. 82-243; ss. 96, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1358, ch. 2003-261.
FL Stat § 631.67 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part II - Florida Insurance Guaranty of Payments (Ss. 631.50-631.70)|631.67 - Stay of proceedings; reopening of default judgments.

631.67 Stay of proceedings; reopening of default judgments.—All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court or before any quasi-judicial body or administrative board in this state shall be stayed for 6 months, or such additional period from the date the insolvency is adjudicated, by a court of competent jurisdiction to permit proper defense by the association of all pending causes of action as to any covered claims; provided that such stay may be extended for a period of time greater than 6 months upon proper application to a court of competent jurisdiction. The association, either on its own behalf or on behalf of such insured, may apply to have any judgment, order, decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured set aside by the same court or administrator that made such judgment, order, decision, verdict, or finding and shall be permitted to defend against such claim on the merits. If request is made by the association, the stay of proceedings may be shortened or waived.History.—s. 18, ch. 70-20; s. 18, ch. 71-970; s. 5, ch. 77-227; s. 2, ch. 80-26; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.68 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part II - Florida Insurance Guaranty of Payments (Ss. 631.50-631.70)|631.68 - Limitation; certain actions.

631.68 Limitation; certain actions.—A covered claim as defined herein with respect to which settlement is not effected and suit is not instituted against the insured of an insolvent insurer or the association within 1 year after the deadline for filing claims, or any extension thereof, with the receiver of the insolvent insurer shall thenceforth be barred as a claim against the association and the insured.History.—s. 19, ch. 71-970; s. 6, ch. 77-227; s. 809(1st), ch. 82-243; s. 33, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.70 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part II - Florida Insurance Guaranty of Payments (Ss. 631.50-631.70)|631.70 - Attorney’s fee.

631.70 Attorney’s fee.—The provisions of s. 627.428 providing for an attorney’s fee shall not be applicable to any claim presented to the association under the provisions of this part, except when the association denies by affirmative action, other than delay, a covered claim or a portion thereof.History.—s. 7, ch. 77-227; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.711 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.711 - Short title.

631.711 Short title.—This part may be cited as the “Florida Life and Health Insurance Guaranty Association Act.”History.—s. 1, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.712 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.712 - Purpose; construction.

631.712 Purpose; construction.—The purpose of this part is to protect policyowners, insureds, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts, and supplemental contracts, subject to certain limitations, against the failure of an insurer issuing such policies or contracts to perform its contractual obligations due to its impairment or insolvency; and this part shall be liberally construed to carry out its purpose.History.—s. 2, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.714 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.714 - Definitions.

631.714 Definitions.—As used in this part, the term:(1) “Account” means any of the three accounts created in s. 631.715.(2) “Association” means the Florida Life and Health Insurance Guaranty Association created in s. 631.715.(3) “Contractual obligation” means any obligation under covered policies.(4) “Covered policy” means any policy or contract set out in s. 631.713 and reduced to written, printed, or other tangible form.(5) “Impaired insurer” means a member insurer deemed by the department to be potentially unable to fulfill its contractual obligations and not an insolvent insurer.(6) “Insolvent insurer” means a member insurer authorized to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction.(7) “Member insurer” means any person licensed to transact in this state any kind of insurance as set out in s. 631.713.(8) “Moody’s Corporate Bond Yield Average” means the monthly average corporate bond yields published by Moody’s Investors Service, Inc., or any successor thereto.(9) “Premium” means any direct gross insurance premium and any annuity consideration written on covered policies, less return premium and consideration thereon and dividends paid or credited to policyholders on such direct business. “Premium” does not include premium and consideration on contracts between insurers and reinsurers.(10) “Person” means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization.(11) “Resident” means any person who resides in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom contractual obligations are owed by such impaired or insolvent member insurer. A person may be a resident of only one state, which in the case of a person other than an individual shall be the person’s principal place of business. Citizens of the United States who are residents of foreign countries or United States possessions, territories, or protectorates that do not have an association similar to the guaranty association created by this part shall be deemed residents of the state of domicile of the insurer issuing the policies or contracts.History.—s. 4, ch. 79-189; s. 809(1st), ch. 82-243; ss. 98, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1359, ch. 2003-261; s. 6, ch. 2010-49; s. 1, ch. 2021-109.
FL Stat § 631.715 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.715 - Florida Life and Health Insurance Guaranty Association.

631.715 Florida Life and Health Insurance Guaranty Association.—(1) There is created a nonprofit legal entity to be known as the Florida Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state, and, further, as a condition of such authority, an insurer shall agree to reimburse the association for all claim payments the association makes on said insurer’s behalf if such insurer is subsequently rehabilitated. The association shall perform its functions under the plan of operation established and approved under the provisions of s. 631.721 and shall exercise its powers through a board of directors established under the provisions of s. 631.716.(2)(a) For purposes of administration and assessment, the association shall maintain three accounts:1. The health insurance account;2. The life insurance account; and3. The annuity account.(b) Borrowing between accounts for payment of policyholder and contract holder claims and other obligations of the association is authorized at the discretion of the board of directors, provided that the amounts so borrowed are restored to the appropriate accounts not less than annually.(3) The association shall come under the immediate supervision of the department and shall be subject to the applicable provisions of the insurance laws of this state.History.—s. 5, ch. 79-189; s. 433, ch. 81-259; s. 809(1st), ch. 82-243; s. 15, ch. 89-360; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 11, ch. 92-328.
FL Stat § 631.716 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.716 - Board of directors.

631.716 Board of directors.—(1)(a) The board of directors of the association shall have at least 9, but no more than 11, members. The members shall be comprised of member insurers serving terms as established in the plan of operation and 1 Florida Health Maintenance Organization Consumer Assistance Plan director confirmed pursuant to paragraph (b). At all times, at least 1 member of the board must be a domestic insurer as defined in s. 624.06(1). The members of the board who are member insurers shall be elected by member insurers, subject to the approval of the department.(b) The board shall confirm, subject to the approval of the department, the Florida Health Maintenance Organization Consumer Assistance Plan director. The confirmed director must not be a member insurer serving on the board of the association. The director confirmed to the board must be designated by the Florida Health Maintenance Organization Consumer Assistance Plan’s board of directors to serve on the board and represent the interests of the Florida Health Maintenance Organization Consumer Assistance Plan and its board of directors. An individual serving as a Florida Health Maintenance Organization Consumer Assistance Plan director on the board must be a member of the Florida Health Maintenance Organization Consumer Assistance Plan’s board of directors. The Florida Health Maintenance Organization Consumer Assistance Plan director, or his or her alternate, has the right to be present at all meetings of the board and has full voting rights on all issues.(c) A vacancy on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the department.(2) In approving the election of members to the board, or in appointing members to the board, the department shall consider, among other things, whether all member insurers are fairly represented.(3) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services.History.—s. 6, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 2, ch. 2019-83.
FL Stat § 631.72 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.72 - Premium or income tax credits for assessments paid.

631.72 Premium or income tax credits for assessments paid.—(1) A member insurer may offset against either its premium tax liabilities imposed under s. 624.509 or its corporate income tax liabilities imposed under s. 220.11 any assessment described in s. 631.718(8) as follows:(a) For each assessment levied before January 1, 1997, 0.1 percent of the amount of such assessment, less any refunds received pursuant to s. 631.718(6), for each year following the year in which such assessment was paid until such time as the total of all offsets claimed for a given year’s assessment, whether pursuant to this section or pursuant to prior law, equals the amount of the assessment originally paid in that year.(b) For each assessment levied and paid after December 31, 1996, 5 percent of the amount of the assessment, less any refunds received pursuant to s. 631.718(6), for each of the 20 calendar years following the year in which the assessment was paid.(c) An insurer may not offset both its premium tax and corporate income tax liabilities for the same assessment amount. An insurer may only offset its tax liability for one tax to the extent that the offset has not already been used to offset its tax liability for the other tax.(d) The first tax return on which a member insurer may claim a credit provided in this section is the tax return filed in 1998, covering tax year 1997.(2) If a member insurer ceases doing business in this state and surrenders to the office its certificate of authority to transact insurance in this state, all uncredited assessments may be credited as provided in this section against either its premium or corporate income tax liabilities imposed pursuant to ss. 624.509 and 220.11 for the year it ceases doing business.(3) Any sums acquired by refund pursuant to s. 631.718(6) from the association which have theretofore been written off by contributing insurers and offset against premium or corporate income taxes as provided in subsection (1) and which are not needed for purposes of this part shall be paid by the insurer to the Department of Revenue for deposit with the Chief Financial Officer to the credit of the General Revenue Fund.History.—s. 1, ch. 96-346; s. 1360, ch. 2003-261.
FL Stat § 631.722 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.722 - Powers and duties of department and office.

631.722 Powers and duties of department and office.—(1) The office shall:(a) Upon request of the board of directors, provide the association with a statement of the premiums in each of the appropriate states for each member insurer.(b) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this part.(2) The department shall, in any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator. If a foreign or alien member insurer is subject to a liquidation proceeding in its domiciliary jurisdiction or state of entry, the department shall be appointed conservator.(3) The office may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails to pay an assessment when due or fails to comply with the approved plan of operation of the association. As an alternative, the office may levy a forfeiture on any member insurer that fails to pay an assessment when due. Such forfeiture shall not exceed 5 percent of the unpaid assessment per month, but no forfeiture shall be less than $100 per month.(4) Any action of the board of directors or of the association may be appealed to the office by any member insurer if such appeal is taken within 30 days of the action being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the association and available to meet association obligations during the pendency of the appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Any final action or order of the office shall be subject to judicial review in a court of competent jurisdiction.(5) The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this part.History.—s. 11, ch. 79-189; s. 809(1st), ch. 82-243; ss. 100, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1361, ch. 2003-261.
FL Stat § 631.723 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.723 - Prevention of insolvencies.

631.723 Prevention of insolvencies.—To aid in the detection and prevention of insurer insolvencies or impairments:(1) The board of directors may, upon majority vote, make reports and recommendations to the department or office upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer or germane to the solvency of any company seeking to do an insurance business in this state. Such reports and recommendations are confidential and exempt from the provisions of s. 119.07(1) until the termination of a delinquency proceeding.(2) It is the duty of the board of directors, upon a majority vote, to notify the office of any information indicating that any member insurer may be an impaired or insolvent insurer.(3) The board of directors may, upon majority vote, request that the office order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days of the receipt of such a request, the office shall begin such an examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the office designates. The cost of such examination shall be paid by the association, and the examination report shall be treated in a manner similar to other examination reports pursuant to s. 624.319. In no event may such examination report be released to the board of directors before its release to the public, but this does not preclude the office from complying with s. 631.398(2). The office shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the office; such request is confidential and exempt from the provisions of s. 119.07(1) until the examination report is released to the public.(4) The board of directors may, upon majority vote, make recommendations to the office for the detection and prevention of insurer insolvencies.History.—s. 12, ch. 79-189; s. 809(1st), ch. 82-243; s. 36, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 4, ch. 93-118; s. 387, ch. 96-406; s. 1362, ch. 2003-261.
FL Stat § 631.724 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.724 - Records and meetings of association.

631.724 Records and meetings of association.—Records shall be kept of all negotiations and meetings in which the association or its representatives discuss the activities of the association in carrying out its powers and duties under s. 631.717. Such negotiations or meetings are exempt from the provisions of s. 286.011, and any records of such negotiations or meetings are confidential and exempt from the provisions of s. 119.07(1) until the termination of a delinquency proceeding. Nothing in this section shall limit the duty of the association to render a report of its activities under s. 631.725.History.—s. 13, ch. 79-189; s. 435, ch. 81-259; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 5, ch. 93-118; s. 388, ch. 96-406.
FL Stat § 631.725 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.725 - Examination of the association; annual report.

631.725 Examination of the association; annual report.—The association shall be subject to examination and regulation by the department. The board of directors shall submit to the department, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the department and a report of its activities during the preceding calendar year.History.—s. 14, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.726 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.726 - Tax exemptions.

631.726 Tax exemptions.—The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.History.—s. 15, ch. 79-189; s. 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429.
FL Stat § 631.727 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 631 - Insurer Insolvency; Guaranty of Payment|Part III - Life and Health Insurance Guaranty of Payments (Ss. 631.711-631.738)|631.727 - Immunity.

631.727 Immunity.—There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, the Chief Financial Officer, or the department or office or their representatives for any action taken by them in the performance of their powers and duties under this part. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.History.—s. 16, ch. 79-189; s. 809(1st), ch. 82-243; ss. 101, 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1363, ch. 2003-261.