The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.907

626.907 Service of process; judgment by default.—

(1) Service of process upon an insurer or person representing or aiding such insurer pursuant to s. 626.906 shall be made by delivering to and leaving with the Chief Financial Officer, his or her assistant or deputy, or another person in charge of the office two copies thereof and the service of process fee as required in s. 624.502. The Chief Financial Officer shall forthwith mail by registered mail, commercial carrier, or any verifiable means one of the copies of such process to the defendant at the defendant’s last known principal place of business as provided by the party submitting the documents and shall keep a record of all process so served upon him or her. The service of process is sufficient, provided notice of such service and a copy of the process are sent within 10 days thereafter by registered mail by plaintiff or plaintiff’s attorney to the defendant at the defendant’s last known principal place of business, and the defendant’s receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

(2) Service of process in any such action, suit, or proceeding shall, in addition to the manner provided in subsection (1), be valid if served upon any person within this state who, in this state on behalf of the unauthorized insurer or person representing or aiding such insurer, is:

(a) Soliciting insurance;

(b) Making, issuing, or delivering any contract of insurance; or

and a copy of such process is sent within 10 days thereafter by registered mail by the plaintiff or plaintiff’s attorney to the defendant at the last known principal place of business of the defendant, and the defendant’s receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff’s attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.

(3) No plaintiff shall be entitled to a judgment by default or a decree pro confesso under this section until the expiration of 30 days from date of the filing of the affidavit of compliance.

(4) Nothing in this section shall limit or abridge the right to serve any process, notice, or demand upon any insurer or person representing or aiding such insurer in any other manner now or hereafter permitted by law.

History.—s. 348, ch. 59-205; ss. 13, 35, ch. 69-106; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 156, 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 296, ch. 97-102; s. 1011, ch. 2003-261; s. 14, ch. 2016-132.

F.S. 626.907 on Google Scholar

F.S. 626.907 on Casetext

Amendments to 626.907

Arrestable Offenses / Crimes under Fla. Stat. 626.907

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.907.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PRESCOTT ARCHITECTS, INC. v. LEXINGTON INSURANCE COMPANY,, 638 F. Supp. 2d 1317 (N.D. Fla. 2009)

. . . Sections 626.905, 626.907, and 626.908 are part of the Unauthorized Insurers Process Law (“UIPL”) and . . . As stated earlier, Prescott argues that §§ 626.905, 626.907, and 626.908 of the UIPL — which establish . . . Stat. § 626.907(1). . . . Stat. § 626.907(4). . . . Stat. §§ 626.905, 626.907, 626.908, or 626.937. . . . .

K. BORDEN, v. EAST- EUROPEAN INSURANCE COMPANY,, 921 So. 2d 587 (Fla. 2006)

. . . Section 626.907, Florida Statutes (2005), is entitled “Service of process; judgment by default,” and . . . Thus, collectively sections 626.906 and 626.907 allow a Florida court to effectuate service of process . . .

WINTERTHUR INTERNATIONAL, LTD. v. PALACIOS,, 559 So. 2d 1214 (Fla. Dist. Ct. App. 1990)

. . . contends, and the insured concedes, that the insured did not strictly comply with the procedure of section 626.907 . . .

HARBOUR ASSURANCE COMPANY OF BERMUDA, LIMITED, v. SUN BANK OF OCALA, E. E. J., 431 So. 2d 243 (Fla. Dist. Ct. App. 1983)

. . . twenty (20) days from his order and to cause it to be served upon Harbour in accordance with Section 626.907 . . .

O. DRAKE a v. SCHARLAU, 353 So. 2d 961 (Fla. Dist. Ct. App. 1978)

. . . Section 48.171, Florida Statutes (1975) and on Beacon by serving the Insurance Commissioner under Section 626.907 . . . Commissioner as Beacon’s agent for substituted service of process pursuant to Sections 626.906 and 626.907 . . .