US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

646.31 – Eligible claims.

646.31 Eligible claims. (1) Conditions of eligibility. A claim is not eligible for payment from the fund unless it is an unpaid claim for a loss insured under the policy or annuity, or an unpaid claim under a supplementary contract providing for a retained asset account, and all of the following conditions are met: (a) […]

646.32 – Appeal and review.

646.32 Appeal and review. (1) Appeal. A claimant whose claim is reduced or declared ineligible shall promptly be given notice of the determination and of the right to object under this section. The claimant may appeal to the board within 30 days after the mailing of the notice. The board may appoint a committee of […]

646.325 – Recovery of amounts paid to 3rd parties.

646.325 Recovery of amounts paid to 3rd parties. (1) Definition. In this section, “net worth” means the amount of an insured’s total assets less the insured’s total liabilities at the end of the insured’s fiscal year immediately preceding the date the liquidation order was entered, as shown on the insured’s audited financial statement or other […]

646.33 – Subrogation and cooperation.

646.33 Subrogation and cooperation. (1) Subrogation. (a) Upon payment to any loss claimant the fund is subrogated to the claimant’s full right of recovery against the insurer and, to the same extent the insurer would have been subrogated, against any liquidator and any 3rd person. A person receiving benefits under this chapter thereby assigns to […]

646.41 – Tax exemption.

646.41 Tax exemption. The fund is exempt from payment of all fees and taxes levied by this state or any of its subdivisions or instrumentalities, except for fees and taxes levied by virtue of employment under s. 646.12 (2) (d). History: 1979 c. 109.

646.51 – Assessments.

646.51 Assessments. (1c) Definitions. In this section: (a) “Authorize” means, with respect to assessments, to approve, by the adoption of a resolution by the board, that an assessment from insurers in a specified amount be called immediately or in the future. An assessment is authorized when the resolution is adopted by the board. (b) “Call” […]

646.60 – Claims by security funds.

646.60 Claims by security funds. (1) Recognition. (a) Settlements by the fund. The liquidator is bound by determinations and settlements of covered loss claims, and by payments of claims, made by the fund under this chapter. (b) Settlements by comparable funds. The liquidator is bound by determinations and settlements of covered loss claims, and by […]

646.61 – Disposal and transfer of assets.

646.61 Disposal and transfer of assets. (1) After termination of all liquidations under any account of s. 646.11 (2), remaining assets in that account shall be redistributed among those who paid assessments under rules promulgated to ensure treatment that is as equitable to the contributing insurers as is practicable. Partial distributions may be made to […]