Florida Statutes
Fla. Stat. § 626.342 (2025)
Furnishing supplies to unlicensed agent prohibited; civil liability.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
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.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1996–2026 · leading case: Almerico v. RLI Ins. Co., 716 So. 2d 774 (Fla. 1998).
Almerico v. RLI Ins. Co., 716 So. 2d 774 (Fla. 1998). “A series of partial summary judgments were entered by the trial court concluding that: (1) the Collados' misrepresentations in the insurance application were material and RLI would not have issued the policy had it known the true facts; (2) Pliego was RLI's statutory agent…”
Essex Ins. Co. v. Zota, 985 So. 2d 1036 (Fla. 2008). “Based on its recognition of "the sometimes amorphous nature of an insurance broker," this Court held in Almerico "that under the provisions of section 626.342(2), Florida Statutes (1989), as well as Florida's common law, civil liability may be imposed upon insurers who cloak…”
Amstar Ins. Co. v. Cadet, 862 So. 2d 736 (Fla. 5th DCA 2003). “1998) (holding that a broker may be a statutory agent for an insurance company pursuant to section 626.342, Florida Statutes (1989), or be clothed with actual or apparent authority so that the broker's acts may be binding on the insurance company) (citations omitted); see also…”
Sreenivasan Asokan, Chakravarthy Raghavan, Nanni Pidikiti, Rakesh Parekh, Ram Reddy, Madhubala Reddy, Rodger Lodge, Anuradha Asokan, Indep. Anesthesia Servs., P.A. v. Am. Gen. Life Ins. Co., 302 F. Supp. 3d 1303 (M.D. Fla. 2017). “(quoting Fla. Stat. § 626.342 ). The question of whether an agent acts with apparent authority is generally a question of fact for the jury to determine.”
Straw v. Associated Doctors Health & Life, 728 So. 2d 354 (Fla. 5th DCA 1999). “(2) Any insurer, general agent, or agent who furnishes any of the supplies specified in subsection (1) to any agent or prospective agent not appointed to represent the insurer and who accepts from or writes any insurance business for such agent or agency shall be subject to…”
Johnnie Teresa Marchisio v. Carrington Mortg. Servs., LLC., 919 F.3d 1288 (11th Cir. 2019). “1998) (holding under Fla. Stat. § 626.342 (2) that "civil liability may be imposed upon insurers who cloak unaffiliated insurance agents with sufficient indicia of agency to induce a reasonable person to conclude that there is an actual agency relationship").”
RLI Ins. Co. v. Collado, 678 So. 2d 1313 (Fla. 2d DCA 1996). “Pliego was appellant's statutory agent pursuant to section 626.342, Florida Statutes (1989), and that the appellant was estopped from rescinding the insurance policy.”
Mercury Ins. Co. of Florida v. Markham, 36 So. 3d 730 (Fla. 1st DCA 2010). “" In any event, the question of agency is one that is yet to be determined. The rule in Florida is that a broker may be found to be a statutory agent of a particular insurance company if the company provides sufficient indicia of agency, such as "blank forms, applications,…”
Guarente-Desantolo v. JOHN ALDEN LIFE INS., 744 So. 2d 1123 (Fla. 4th DCA 1999). “In Almerico , the supreme court noted the general rule that insurance brokers are agents of the insured rather than the insurer, but interpreted section 626.342(2), Florida Statutes to mean that an insurance broker may act in the dual capacity of broker for the insured and agent…”
Clarendon Am. Ins. v. Miami River Club, Inc., 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.”
Gonzalez v. The Indep. Order of Foresters (S.D. Fla. 2024). “Additionally, Fla. Stat. § 626.342 (2) provides that civil liability will attach to an agent who is not appointed to represent the insurer if certain factors are met.”
Jose Gonzalez v. The Indep. Order of Foresters (11th Cir. 2025). “1998) (discussing Fla. Stat. § 626.342 (2)). 2 An insured may be put on notice as to such limitations where contractual language, such as an insurance appli- cation, expressly limits the agents’ authority.”
— 626.342(1) — 3 cases
Almerico v. RLI Ins. Co., 716 So. 2d 774 (Fla. 1998). “A series of partial summary judgments were entered by the trial court concluding that: (1) the Collados' misrepresentations in the insurance application were material and RLI would not have issued the policy had it known the true facts; (2) Pliego was RLI's statutory agent…”
Mercury Ins. Co. of Florida v. Markham, 36 So. 3d 730 (Fla. 1st DCA 2010). “" In any event, the question of agency is one that is yet to be determined. The rule in Florida is that a broker may be found to be a statutory agent of a particular insurance company if the company provides sufficient indicia of agency, such as "blank forms, applications,…”
RLI Ins. Co. v. Collado, 678 So. 2d 1313 (Fla. 2d DCA 1996). “Pliego was appellant's statutory agent pursuant to section 626.342, Florida Statutes (1989), and that the appellant was estopped from rescinding the insurance policy.”
— 626.342(2) — 6 cases
Almerico v. RLI Ins. Co., 716 So. 2d 774 (Fla. 1998). “A series of partial summary judgments were entered by the trial court concluding that: (1) the Collados' misrepresentations in the insurance application were material and RLI would not have issued the policy had it known the true facts; (2) Pliego was RLI's statutory agent…”
Essex Ins. Co. v. Zota, 985 So. 2d 1036 (Fla. 2008). “Based on its recognition of "the sometimes amorphous nature of an insurance broker," this Court held in Almerico "that under the provisions of section 626.342(2), Florida Statutes (1989), as well as Florida's common law, civil liability may be imposed upon insurers who cloak…”
Amstar Ins. Co. v. Cadet, 862 So. 2d 736 (Fla. 5th DCA 2003). “1998) (holding that a broker may be a statutory agent for an insurance company pursuant to section 626.342, Florida Statutes (1989), or be clothed with actual or apparent authority so that the broker's acts may be binding on the insurance company) (citations omitted); see also…”
Straw v. Associated Doctors Health & Life, 728 So. 2d 354 (Fla. 5th DCA 1999). “(2) Any insurer, general agent, or agent who furnishes any of the supplies specified in subsection (1) to any agent or prospective agent not appointed to represent the insurer and who accepts from or writes any insurance business for such agent or agency shall be subject to…”
Guarente-Desantolo v. JOHN ALDEN LIFE INS., 744 So. 2d 1123 (Fla. 4th DCA 1999). “In Almerico , the supreme court noted the general rule that insurance brokers are agents of the insured rather than the insurer, but interpreted section 626.342(2), Florida Statutes to mean that an insurance broker may act in the dual capacity of broker for the insured and agent…”
— 626.342(3) — 1 case
Essex Ins. Co. v. Zota, 985 So. 2d 1036 (Fla. 2008). “Based on its recognition of "the sometimes amorphous nature of an insurance broker," this Court held in Almerico "that under the provisions of section 626.342(2), Florida Statutes (1989), as well as Florida's common law, civil liability may be imposed upon insurers who cloak…”
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