The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.342

626.342 Furnishing supplies to unlicensed agent prohibited; civil liability.—

(1) An insurer, a managing general agent, an insurance agency, or an agent, directly or through a representative, may not furnish to an agent any blank forms, applications, stationery, or other supplies to be used in soliciting, negotiating, or effecting contracts of insurance on its behalf unless such blank forms, applications, stationery, or other supplies relate to a class of business for which the agent is licensed and appointed, whether for that insurer or another insurer.

(2) An insurer, general agent, insurance agency, or agent who furnishes any of the supplies specified in subsection (1) to an agent or prospective agent not appointed to represent the insurer and who accepts from or writes any insurance business for such agent or agency is subject to civil liability to an insured of such insurer to the same extent and manner as if such agent or prospective agent had been appointed or authorized by the insurer or such agent to act on its or his or her behalf. The provisions of this subsection do not apply to insurance risk apportionment plans under s. 627.351.

(3) This section does not apply to the placing of surplus lines business under the provisions of ss. 626.913-626.937.

History.—ss. 8, 10, ch. 80-341; s. 3, ch. 81-282; s. 2, ch. 81-318; ss. 179, 217, 807, 810, ch. 82-243; s. 1, ch. 84-75; ss. 36, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 226, ch. 97-102; s. 20, ch. 98-199; s. 14, ch. 2005-257; s. 15, ch. 2012-209.

F.S. 626.342 on Google Scholar

F.S. 626.342 on Casetext

Amendments to 626.342

Arrestable Offenses / Crimes under Fla. Stat. 626.342

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.342.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MARCHISIO, v. CARRINGTON MORTGAGE SERVICES, LLC,, 919 F.3d 1288 (11th Cir. 2019)

. . . . § 626.342(2) that "civil liability may be imposed upon insurers who cloak unaffiliated insurance agents . . .

ASOKAN, P. A. C. M. D. P. A. M. D. P. C. S. M. D. P. A. P. A. v. AMERICAN GENERAL LIFE INSURANCE COMPANY,, 302 F. Supp. 3d 1303 (M.D. Fla. 2017)

. . . . § 626.342 ). . . .

MERCURY INSURANCE COMPANY OF FLORIDA, v. S. MARKHAM,, 36 So. 3d 730 (Fla. Dist. Ct. App. 2010)

. . . .” § 626.342(1), Fla. Stat.; Almerico v. RLI Ins. Co., 716 So.2d 774 (Fla.1998); Amstar Ins. Co. v. . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 985 So. 2d 1036 (Fla. 2008)

. . . amorphous nature of an insurance broker,” this Court held in Almerico “that under the provisions of section 626.342 . . . Section 626.342(3), Florida Statutes (2003), excludes surplus-lines insurers from section 626.342(2)' . . .

CLARENDON AMERICA INSURANCE COMPANY, v. MIAMI RIVER CLUB, INC. d b a, 417 F. Supp. 2d 1309 (S.D. Fla. 2006)

. . . Further, Defendants’ reliance on Florida Statute section 626.342 and Almerico v. R.L.I. Ins. . . .

AMSTAR INSURANCE COMPANY, v. CADET,, 862 So. 2d 736 (Fla. Dist. Ct. App. 2003)

. . . Almerico explained that an insurance broker may become a statutory agent for the insurer under section 626.342 . . . after the policy was cancelled estops Amstar from asserting cancellation as a defense under section 626.342 . . .

GUARENTE- DESANTOLO, v. JOHN ALDEN LIFE INSURANCE COMPANY, a, 744 So. 2d 1123 (Fla. Dist. Ct. App. 1999)

. . . rule that insurance brokers are agents of the insured rather than the insurer, but interpreted section 626.342 . . . The Almerico court observed that “[sjection 626.342(2) appears to be an insurance consumer law designed . . . The predecessor to section 626.342(2) was section 626.746(3), Florida Statutes (1977). . . .

STRAW, v. ASSOCIATED DOCTORS HEALTH AND LIFE, v., 728 So. 2d 354 (Fla. Dist. Ct. App. 1999)

. . . Co., 716 So.2d 774 (Fla.1998) that under section 626.342(2), Florida Statutes (1997): the furnishing . . . Section 626.342 imposes civil liability and penalties on insurance companies who furnish supplies to . . . been appointed or authorized by the insurer or such agent to act in its or his or her behalf. ... § 626.342 . . . We conclude that under the supreme court’s interpretation of section 626.342 in Almerico, Neely became . . . While we reverse under the authority of Almerico and subsection 626.342(2), we also note that the arrangement . . .

K. ALMERICO, v. RLI INSURANCE COMPANY,, 716 So. 2d 774 (Fla. 1998)

. . . For the reasons expressed below, we hold that under section 626.342(2), Florida Statutes (1989), civil . . . Section 626.342, Florida Statutes (1989) provides in pertinent part: 626.342 Furnishing supplies to unlicensed . . . Pliego complied with section 626.752, section 626.342(1) was not violated and Mr. . . . Insurance Agency did not become the appellant’s statutory agent under 626.342(2). . . . .” § 626.342(2). We must determine the meaning and effect of that language. . . .

RLI INSURANCE COMPANY, v. COLLADO, K., 678 So. 2d 1313 (Fla. Dist. Ct. App. 1996)

. . . Pliego was appellant’s statutory agent pursuant to section 626.342, Florida Statutes (1989), and that . . . We additionally hold that section 626.342 does not change that result and, therefore, the appellant is . . . Pliego was the statutory agent of the appellant pursuant to section 626.342, Florida Statutes (1989), . . . Pliego complied with section 626.752, section 626.342(1) was not violated and Mr. . . . Insur-anee Agency did not become the appellant’s statutory agent under 626.342(2). . . .