Florida Statute 626.342 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 626.342

Total Results: 7

Mercury Insurance Co. of Florida v. Markham

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-20T00:00:00-07:00

Citation: 36 So. 3d 730, 2010 Fla. App. LEXIS 5232, 2010 WL 1542645

Snippet: soliciting or negotiating insurance contracts.” § 626.342(1), Fla. Stat.; Almerico v. RLI Ins. Co., 716 So

Essex Ins. Co. v. Zota

Court: Fla. | Date Filed: 2008-06-26T00:53:00-07:00

Citation: 985 So. 2d 1036

Snippet: Section 626.342(3), Florida Statutes (2003), excludes surplus-lines insurers from section 626.342(2)'…Almerico "that under the provisions of section 626.342(2), Florida Statutes (1989), as well as Florida

Amstar Ins. Co. v. Cadet

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-10T00:53:00-07:00

Citation: 862 So. 2d 736

Snippet: agent for an insurance company pursuant to section 626.342, Florida Statutes (1989), or be clothed with actual… statutory agent for the insurer under section 626.342(2) if the insurance company furnishes to the broker…asserting cancellation as a defense under section 626.342(2). But perhaps the McClain Agency was an actual

Guarente-Desantolo v. JOHN ALDEN LIFE INS.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-20T00:53:00-07:00

Citation: 744 So. 2d 1123

Snippet: rather than the insurer, but interpreted section 626.342(2), Florida Statutes to mean that an insurance …The Almerico court observed that "[s]ection 626.342(2) appears to be an insurance consumer law designed… medical plan. [2] The predecessor to section 626.342(2) was section 626.746(3), Florida Statutes (1977

Straw v. Associated Doctors Health and Life

Court: Fla. Dist. Ct. App. | Date Filed: 1999-03-18T23:53:00-08:00

Citation: 728 So. 2d 354

Snippet: ., 716 So.2d 774 (Fla.1998) that under section 626.342(2), Florida Statutes (1997): the furnishing of … accepts *358 the resulting business). Section 626.342 imposes civil liability and penalties on insurance…agent to act in its or his or her behalf.... § 626.342, Fla. Stat. (1997). We conclude that under the … supreme court's interpretation of section 626.342 in Almerico, Neely became Associated's agent…arrangement created an agency, noting that section 626.342(2) is "unambiguous insofar as it makes the

Almerico v. RLI Ins. Co.

Court: Fla. | Date Filed: 1998-09-04T00:53:00-07:00

Citation: 716 So. 2d 774

Snippet: companies. Section 626.342, Florida Statutes (1989) provides in pertinent part: 626.342 Furnishing supplies…reasons expressed below, we hold that under section 626.342(2), Florida Statutes (1989), civil liability for… RLI's statutory agent pursuant to section 626.342, Florida Statutes, and RLI was estopped from rescinding… RLI did not violate the provisions of section 626.342(1), Florida Statutes (1989). LAW AND ANALYSIS …, or effecting contracts of insurance." § 626.342(1); see Fidelity & Casualty Co. v. D.N.

RLI Ins. Co. v. Collado

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-14T00:53:00-07:00

Citation: 678 So. 2d 1313

Snippet: appellant's statutory agent pursuant to section 626.342, Florida Statutes (1989), and that the appellant…the Collados. We additionally hold that section 626.342 does not change that result and, therefore, the…statutory agent of the appellant pursuant to section 626.342, Florida Statutes (1989), and that the appellant…, estopped from rescinding the policy. Section 626.342 is entitled "Furnishing supplies to unlicensed… Pliego complied with section 626.752, section 626.342(1) was not violated and Mr. Pliego and/or J.R.