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The Florida Statutes

The 2001 Florida Statutes

Chapter 631
Insurer Insolvency; Guaranty Of Payment
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Section 631.917, Florida Statutes 2001

631.917  Prevention of insolvencies.--To aid in the detection and prevention of insolvencies or impairments:

(1)(a)  The board may make reasonable and lawful investigation into the practices of any third-party administrator or service company for a self-insurance fund declared insolvent by the court.

(b)  If the results of an investigation reasonably lead to a finding that certain actions taken or not taken by those handling, processing, or preparing covered claims for payment or other benefit pursuant to any workers' compensation insurance policy contributed to the insolvency of an insurer, such information may, in the discretion of the board, be provided to the department in an expedited manner.

(2)  The board of directors may make reports and recommendations to the department upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer or germane to the solvency of any insurer seeking to do insurance business in this state.

(3)  The board of directors, in its discretion, may notify the department of any information indicating that any member insurer may be an impaired or insolvent insurer.

(4)  The board of directors, in its discretion, may request that the department order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days after receipt of such a request, the department 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 Insurance Commissioner designates. The cost of such examination shall be paid by the corporation, 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 requirement does not preclude the department from complying with s. 631.398(2). The department shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the department.

(5)  The board is authorized to assist and aid the department, in any manner consistent with existing laws and this chapter, in the department's investigation or referral for prosecution of those whose action or inaction may have contributed to the impairment or insolvency of the insurer.

(6)  The board may make recommendations to the department for the detection and prevention of insurer insolvencies.

History.--s. 20, ch. 97-262.

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