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 […]
626.902 Penalty for representing unauthorized insurer.— (1) In addition to any other penalties provided in the insurance code: (a) Any insurance agent licensed in this state who in this state knowingly represents or aids an unauthorized insurer in violation of s. 626.901 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or […]
626.903 Suits by unauthorized insurers prohibited.—As to transactions not permitted under s. 624.402, no unauthorized insurer shall institute, file, or maintain, or cause to be instituted, filed, or maintained, any suit, action, or proceeding in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state. History.—s. 344, ch. […]
626.904 Unauthorized Insurers Process Law; short title; interpretation.— (1) Sections 626.904-626.912 may be cited as the “Unauthorized Insurers Process Law.” (2) Such law shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. History.—s. 345, ch. 59-205; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. […]
626.905 Purpose of Unauthorized Insurers Process Law.—The purpose of the Unauthorized Insurers Process Law is to subject certain insurers and persons representing or aiding such insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The Legislature declares that it is a subject of […]
626.906 Acts constituting Chief Financial Officer as process agent.—Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign insurer, alien insurer, or person representing or aiding such an insurer is equivalent to and shall constitute an appointment by such insurer or person representing or aiding such insurer of the […]
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 […]
626.908 Defense of action by unauthorized insurer or person representing or aiding such insurer; damages and attorney fee.— (1) Before an unauthorized insurer or person representing or aiding such insurer files or causes to be filed any pleading in any action or proceeding instituted against it under s. 626.906, s. 626.907, or s. 626.909 or a suit […]
626.909 Jurisdiction of office and department; service of process on Secretary of State.— (1) The Legislature hereby declares that it is a subject of concern that the purpose of the Unauthorized Insurers Process Law as expressed in s. 626.905 may be denied by the possibility that the right of service of process provided for in that law […]
626.910 Penalty for violation by unauthorized insurers and persons representing or aiding such insurers.—Any unauthorized insurer or person representing or aiding such insurer transacting insurance in this state and subject to service of process as referred to in s. 626.909 shall forfeit and pay to the state a civil penalty of not more than $1,000 for […]
626.911 Attorney’s fee.—In any action against an unauthorized foreign insurer, alien insurer, or person representing or aiding such an insurer, upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer or person representing or aiding such insurer has failed […]
626.912 Exemptions from ss. 626.904-626.911.—The provisions of ss. 626.904-626.911 do not apply to any action, suit, or proceeding against any unauthorized foreign insurer, alien insurer, or person representing or aiding such an insurer arising out of any contract of insurance: (1) Covering reinsurance, wet marine and transportation, commercial aircraft, or railway insurance risks; (2) Against legal liability arising […]
626.913 Surplus Lines Law; short title; purposes.— (1) Sections 626.913-626.937 constitute and may be referred to as the “Surplus Lines Law.” (2) It is declared that the purposes of the Surplus Lines Law are to provide orderly access for the insuring public of this state to insurers not authorized to transact insurance in this state, through only qualified, […]
626.914 Definitions.—As used in this Surplus Lines Law, the term: (1) “Surplus lines agent” means an individual licensed as provided in this part to handle the placement of insurance coverages with unauthorized insurers and to place such coverages with authorized insurers as to which the licensee is not licensed as an agent. (2) “Eligible surplus lines insurer” means […]
626.915 Surplus lines insurance authorized.—If certain insurance coverages of subjects resident, located, or to be performed in this state cannot be procured from authorized insurers, such coverages, hereinafter designated “surplus lines,” may be procured from unauthorized insurers, subject to the following conditions: (1) The insurance must be eligible for export under s. 626.916 or s. 626.917; (2) The […]
626.916 Eligibility for export.— (1) No insurance coverage shall be eligible for export unless it meets all of the following conditions: (a) The full amount of insurance required must not be procurable, after a diligent effort has been made by the producing agent to do so, from among the insurers authorized to transact and actually writing that kind […]
626.917 Eligibility for export; wet marine and transportation, aviation risks.— (1) Insurance coverage of wet marine and transportation risks, as defined in this code in s. 624.607(2), or aviation risks, including airport and products liability incidental thereto and hangarkeeper’s liability, may be exported under the following conditions: (a) The insurance must be placed only by or through a […]
626.918 Eligible surplus lines insurers.— (1) A surplus lines agent may not place any coverage with any unauthorized insurer which is not then an eligible surplus lines insurer, except as permitted under subsections (5) and (6). (2) An unauthorized insurer may not be or become an eligible surplus lines insurer unless made eligible by the office in accordance […]
626.9181 Levy upon deposit.—No judgment creditor or other claimant of a surplus lines insurer shall have the right to levy upon any of the assets or securities held in this state as a deposit under s. 626.918. History.—s. 34, ch. 85-321; s. 207, ch. 90-363; s. 4, ch. 91-429.
626.919 Withdrawal of eligibility; surplus lines insurer.— (1) If at any time the office has reason to believe that any unauthorized insurer then on the list of eligible surplus lines insurers is insolvent or in unsound financial condition, or does not make reasonable prompt payment of just losses and claims in this state, or that it is […]
