eLaws of Florida

  SECTION 628.251. Management and exclusive agency contracts.  


Latest version.
  • 1(1) 2No domestic mutual insurer or stock insurer shall make any contract whereby any person is granted or is to enjoy in fact the management of the insurer to the substantial exclusion of its board of directors or to have the controlling or preemptive right to produce substantially all insurance business for the insurer, unless the contract is filed with and approved by the office.
    66(2) 67Any such contract shall provide that any such manager or producer of its business shall within 90 days after expiration of each calendar year furnish the insurer’s board of directors a written statement of amounts received under or on account of the contract and amounts expended thereunder during such calendar year, including the emoluments received therefrom by the respective directors, officers, and other principal management personnel of the manager or producer, and with such classification of items and further detail as the insurer’s board of directors may reasonably require.
    156(3) 157The office shall disapprove any such contract if it finds that it:
    169(a) 170Subjects the insurer to excessive charges;
    176(b) 177Is to extend for an unreasonable length of time;
    186(c) 187Does not contain fair and adequate standards of performance; or
    197(d) 198Contains other inequitable provision or provisions which impair the proper interests of policyholders or members of the insurer.
History.-s. 645, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 653, 665, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1268, ch. 2003-261.

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Cited by Court Cases:

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