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Florida Statute 626.901 | Lawyer Caselaw & Research
F.S. 626.901 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 626.901

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS
View Entire Chapter
F.S. 626.901
626.901 Representing or aiding unauthorized insurer prohibited.
(1) No 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:
(a) The solicitation, negotiation, procurement, or effectuation of insurance or annuity contracts, or renewals thereof;
(b) The dissemination of information as to coverage or rates;
(c) The forwarding of applications;
(d) The delivery of policies or contracts;
(e) The inspection of risks;
(f) The fixing of rates;
(g) The investigation or adjustment of claims or losses; or
(h) The collection or forwarding of premiums;

or 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.

(2) If 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.
(3) No insurance contract entered into in violation of this section shall be deemed to have been rendered invalid thereby.
(4) This section does not apply to:
(a) Matters authorized to be done by the office under the Unauthorized Insurers Process Law, ss. 626.904-626.912.
(b) Surplus lines insurance when written pursuant to the Surplus Lines Law, ss. 626.913-626.937.
(c) Transactions as to which a certificate of authority is not required of an insurer, as stated in s. 624.402.
(d) Independently procured coverage written pursuant to s. 626.938 which is not solicited, marketed, negotiated, or sold in this state.
(5) The office or department may, pursuant to s. 120.569 and 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.
(6) The office may investigate the accounts, records, documents, and transactions pertaining to the activities of any unauthorized insurer or person, as defined in s. 624.04, which 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.

F.S. 626.901 on Google Scholar

F.S. 626.901 on Casetext

Amendments to 626.901


Arrestable Offenses / Crimes under Fla. Stat. 626.901
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.901.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEXINGTON CLUB COMMUNITY ASSOCIATION, INC. v. LOVE MADISON, INC. d b a, 253 So. 3d 632 (Fla. App. Ct. 2018)

. . . A negligent procurement of insurance claim arises from section 626.901, Florida Statutes (2017), which . . . action is statutorily authorized where there is a loss during the time the insured holds the policy . § 626.901 . . . See §§ 626.901(3), 627.418(1), Fla. Stat. (2017). . . . entered into in violation of this section shall be deemed to have been rendered invalid thereby." § 626.901 . . . The associations suggest that section 626.901 is inapplicable because their claim against the agent falls . . .

AON TRADE CREDIT, INC. v. QUINTEC, S. A. a, 981 So. 2d 475 (Fla. Dist. Ct. App. 2008)

. . . thereafter filed a three-count complaint against AON pursuant to Florida’s Unauthorized Insurer Act, section 626.901 . . . court properly found that AON is liable to Quintec under Florida’s Unauthorized Insurer Act, Section 626.901 . . . the case was remanded for a determination of coverage so that AON’s liability, if any, under section 626.901 . . . Our remand was clearly limited to a determination of coverage under section 626.901. . . .

W. BESHORE, v. DEPARTMENT OF FINANCIAL SERVICES,, 928 So. 2d 411 (Fla. Dist. Ct. App. 2006)

. . . We write to express our agreement with DFS’s interpretation and application of section 626.901(1), Florida . . . DFS found that Appellant violated section 626.901(1) by representing the MBI plan to his clients. . . . Section 626.901(1), Florida Statutes (2003), states: No person shall, from offices or by personnel or . . . Section 626.901(2), Florida Statutes (2003), states: If an unauthorized insurer fails to pay in full . . . Appellant and the Florida Association of Insurance Agents both argue policy reasons why section 626.901 . . .

AON RISK SERVICES, INC. v. QUINTEC, S. A., 887 So. 2d 368 (Fla. Dist. Ct. App. 2004)

. . . With respect to whether the statute applies to AON, Section 626.901(1), Florida Statutes, specifically . . . (h) [t]he collection or forwarding of premiums[.] ... § 626.901(1), Fla. Stat. (2002). . . . Thus, section 626.901 clearly governs the instant matter, and AON is liable to Quintec. . . . . § 626.901, Fla. Stat. (2002) (emphasis added). . . . The only purpose this subsection could have is to set the measure of damages under section 626.901, i.e . . .

FLA ORTHOPEDICS, INC. v. AMERICAN INSURANCE COMPANY,, 896 So. 2d 1 (Fla. Dist. Ct. App. 2004)

. . . Insurance Company (“TAIC”), in a suit alleging negligent misrepresentation and violation of section 626.901 . . . in soliciting, negotiating, effectuating and procuring insurance policies, in violation of section 626.901 . . . The insurance code, of which section 626.901 is a part, provides criminal penalties for violations of . . . Section 626.901 provides in pertinent part that: (1) No person shall, from offices or by personnel or . . . such insurance contract is liable to the insured for the full amount of the claim or loss not paid. § 626.901 . . .

WALTER, v. BLUE CROSS BLUE SHIELD UNITED OF WISCONSIN, a, 181 F.3d 1198 (11th Cir. 1999)

. . . . § 626.901 et seq. (West 1996 & Supp.1999). . . .

AMEDEX INTERNATIONAL CORP. v. MARINO,, 722 So. 2d 836 (Fla. Dist. Ct. App. 1998)

. . . insurer that was not authorized to engage in insurance transactions in Florida, were liable under section 626.901 . . .

CNA FINANCIAL CORPORATION, v. D. BROWN CNA, 922 F. Supp. 567 (M.D. Fla. 1996)

. . . . § 626.901, et seq. (1995) (prohibiting direct and indirect insurance activity by anyone not authorized . . .

HOLY TEMPLE CHURCH OF GOD IN CHRIST, INC. v. A. MAXWELL,, 578 So. 2d 877 (Fla. Dist. Ct. App. 1991)

. . . Holy Temple argues that its theory of liability proceeds from section 626.901(1), Florida Statutes (1987 . . . See also § 624.404(1), Fla.Stat. (1987) (insurer required to maintain reserves); § 626.901(4), Fla. . . .

UNITED STATES SCAFFOLD AND LADDER ASSOCIATION, a v. SCAFFOLDS OF FLORIDA, INC. a, 578 So. 2d 759 (Fla. Dist. Ct. App. 1991)

. . . Appellee Scaffolds of Florida, Inc., plaintiff below, brought suit for damages under subsection 626.901 . . . However, the first sentence of subsection 626.901(1), on which plaintiff relies, requires a showing that . . .

STATE OF FLORIDA, DEPARTMENT OF INSURANCE, v. NATIONAL AMUSEMENT PURCHASING GROUP, INC., 905 F.2d 361 (11th Cir. 1990)

. . . .-949, 624.401(1), 627.918, and 626.901(1) of the Florida Statutes are not preempted by the Product Liability . . .

DYNA SPAN CORPORATION, a v. H. POLLOCK, DYNA SPAN CORPORATION, a v. D. WESSEL,, 510 So. 2d 307 (Fla. Dist. Ct. App. 1986)

. . . Dyna Span for transacting insurance as an agent for an unauthorized insured in violation of section 626.901 . . .