eLaws of Florida

SECTION 626.901. Representing or aiding unauthorized insurer prohibited.  


Latest version.
  • 1(1) 2No person shall, from offices or by personnel or facilities located in this state, or in any other state or country, directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state in:
    52(a) 53The solicitation, negotiation, procurement, or effectuation of insurance or annuity contracts, or renewals thereof;
    67(b) 68The dissemination of information as to coverage or rates;
    77(c) 78The forwarding of applications;
    82(d) 83The delivery of policies or contracts;
    89(e) 90The inspection of risks;
    94(f) 95The fixing of rates;
    99(g) 100The investigation or adjustment of claims or losses; or
    109(h) 110The collection or forwarding of premiums;

    116or in any other manner represent or assist such an insurer in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state. If the property or risk is located in any other state, then, subject to the provisions of subsection (4), insurance may only be written with or placed in an insurer authorized to do such business in such state or in an insurer with which a licensed insurance broker of such state may lawfully place such insurance.

    203(2) 204If an unauthorized insurer fails to pay in full or in part any claim or loss within the provisions of any insurance contract which is entered into in violation of this section, any person who knew or reasonably should have known that such contract was entered into in violation of this section and who solicited, negotiated, took application for, or effectuated such insurance contract is liable to the insured for the full amount of the claim or loss not paid.
    284(3) 285No insurance contract entered into in violation of this section shall be deemed to have been rendered invalid thereby.
    304(4) 305This section does not apply to:
    311(a) 312Matters authorized to be done by the office under the Unauthorized Insurers Process Law, ss. 327626.904328-329626.912330.
    331(b) 332Surplus lines insurance when written pursuant to the Surplus Lines Law, ss. 344626.913345-346626.937347.
    348(c) 349Transactions as to which a certificate of authority is not required of an insurer, as stated in s. 367624.402368.
    369(d) 370Independently procured coverage written pursuant to s. 377626.938 378which is not solicited, marketed, negotiated, or sold in this state.
    389(5) 390The office or department may, pursuant to s. 398120.569 399and in its discretion, issue an immediate final order to cease and desist to any person or entity that violates this section. The Legislature finds that a violation of this section constitutes an imminent and immediate threat to the health, safety, and welfare of the residents of this state.
    448(6) 449The office may investigate the accounts, records, documents, and transactions pertaining to the activities of any unauthorized insurer or person, as defined in s. 473624.04, 474which is or may be aiding or representing an unauthorized insurer.
History.-s. 342, ch. 59-205; ss. 13, 35, ch. 69-106; s. 1, ch. 71-18; s. 2, ch. 81-318; ss. 294, 318, 807, ch. 82-243; s. 17, ch. 89-360; ss. 153, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 1009, ch. 2003-261; s. 1, ch. 2005-144.

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