Florida Statutes
Fla. Stat. § 626.901 (2025)
Representing or aiding unauthorized insurer prohibited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(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.
Notes of Decisions
Cited in 12
cases, 1986–2018 · leading case: Beshore v. Dep't of Fin. Servs., 928 So. 2d 411 (Fla. 1st DCA 2006).
Beshore v. Dep't of Fin. Servs., 928 So. 2d 411 (Fla. 1st DCA 2006). “We write to express our agreement with DFS's interpretation and application of section 626.901(1), Florida Statutes (2003).”
AON Risk Servs., Inc. v. QUINTEC, SA, 887 So. 2d 368 (Fla. 3d DCA 2004). “§ 626.901, Fla. Stat. (2002) (emphasis added).”
FLA Orthopedics, Inc. v. Am. Ins. Co., 896 So. 2d 1 (Fla. 3d DCA 2004). “This is an appeal from a final summary judgment entered in favor of defendant/ap-pellee, The American Insurance Company (“TAIC”), in a suit alleging negligent misrepresentation and violation of section 626.901, Florida Statutes (1997).”
Holy Temple Church of God in Christ, Inc. v. Maxwell, 578 So. 2d 877 (Fla. 1st DCA 1991). “NOTES [*] Holy Temple argues that its theory of liability proceeds from section 626.901(1), Florida Statutes (1987), which prohibits any person from acting as an agent for any insurer not authorized to transact insurance in this state.”
Walter v. Blue Cross & Blue Shield United, 181 F.3d 1198 (11th Cir. 1999). “See Fla. Stat. Ann. § 626.901 et seq. (West 1996 & Supp.”
AON Trade Credit, Inc. v. QUINTEC, SA, 981 So. 2d 475 (Fla. 3d DCA 2008). “Quintec thereafter filed a three-count complaint against AON pursuant to Florida's Unauthorized Insurer Act, section 626.901, Florida Statutes (2002), which prohibits assisting an unauthorized insurer from doing business in Florida (Count I); for broker negligence and…”
CNA Fin. Corp. v. Brown, 922 F. Supp. 567 (M.D. Fla. 1996). “, Fla.Stat. § 626.901, et seq. (1995) (prohibiting direct and indirect insurance activity by anyone not authorized by the State of Florida).”
Lexington Club Cmty. Ass'n, Inc. v. Love Madison, Inc. d/b/a Alexander Ins., 253 So. 3d 632 (Fla. 4th DCA 2018). “§ 626.901, Fla. Stat. In a negligent procurement action, an unauthorized insurer’s policy is still enforceable and is applied as such to cover any losses that were not covered by the policy.”
Amedex Int'l Corp. v. Marino, 722 So. 2d 836 (Fla. 3d DCA 1998). “All of the claims alleged in this action against Amedex and USA are based upon the companies’ performance of administrative acts on behalf of Winterthur here in Dade Countys Plaintiffs alleged that the companies, as representatives of an insurer that was not authorized to engage…”
Walter v. Blue Cross & Blue Shield, 181 F.3d 1198 (11th Cir. 1999). “See Fla. Stat. Ann. § 626.901 et seq. (West 1996 & Supp.”
United States Scaffold & Ladder Ass'n v. Scaffolds of Florida, Inc., 578 So. 2d 759 (Fla. 3d DCA 1991). “However, the first sentence of subsection 626.901(1), on which plaintiff relies, requires a showing that the insurer was “not then authorized to transact such insurance in this state, or in any other state,.”
Dyna Span Corp. v. Pollock, 510 So. 2d 307 (Fla. 4th DCA 1986). “The petitions reflect that the Department of Insurance filed an administrative complaint against Dyna Span for transacting insurance as an agent for an unauthorized insured in violation of section 626.901(1), Florida Statutes (1985).”
— 626.901(1) — 6 cases
Beshore v. Dep't of Fin. Servs., 928 So. 2d 411 (Fla. 1st DCA 2006). “We write to express our agreement with DFS's interpretation and application of section 626.901(1), Florida Statutes (2003).”
AON Risk Servs., Inc. v. QUINTEC, SA, 887 So. 2d 368 (Fla. 3d DCA 2004). “§ 626.901, Fla. Stat. (2002) (emphasis added).”
Holy Temple Church of God in Christ, Inc. v. Maxwell, 578 So. 2d 877 (Fla. 1st DCA 1991). “NOTES [*] Holy Temple argues that its theory of liability proceeds from section 626.901(1), Florida Statutes (1987), which prohibits any person from acting as an agent for any insurer not authorized to transact insurance in this state.”
FLA Orthopedics, Inc. v. Am. Ins. Co., 896 So. 2d 1 (Fla. 3d DCA 2004). “This is an appeal from a final summary judgment entered in favor of defendant/ap-pellee, The American Insurance Company (“TAIC”), in a suit alleging negligent misrepresentation and violation of section 626.901, Florida Statutes (1997).”
Dyna Span Corp. v. Pollock, 510 So. 2d 307 (Fla. 4th DCA 1986). “The petitions reflect that the Department of Insurance filed an administrative complaint against Dyna Span for transacting insurance as an agent for an unauthorized insured in violation of section 626.901(1), Florida Statutes (1985).”
— 626.901(2) — 3 cases
Beshore v. Dep't of Fin. Servs., 928 So. 2d 411 (Fla. 1st DCA 2006). “We write to express our agreement with DFS's interpretation and application of section 626.901(1), Florida Statutes (2003).”
AON Risk Servs., Inc. v. QUINTEC, SA, 887 So. 2d 368 (Fla. 3d DCA 2004). “§ 626.901, Fla. Stat. (2002) (emphasis added).”
Amedex Int'l Corp. v. Marino, 722 So. 2d 836 (Fla. 3d DCA 1998). “All of the claims alleged in this action against Amedex and USA are based upon the companies’ performance of administrative acts on behalf of Winterthur here in Dade Countys Plaintiffs alleged that the companies, as representatives of an insurer that was not authorized to engage…”
— 626.901(3) — 1 case
Lexington Club Cmty. Ass'n, Inc. v. Love Madison, Inc. d/b/a Alexander Ins., 253 So. 3d 632 (Fla. 4th DCA 2018). “§ 626.901, Fla. Stat. In a negligent procurement action, an unauthorized insurer’s policy is still enforceable and is applied as such to cover any losses that were not covered by the policy.”
— 626.901(4) — 2 cases
Holy Temple Church of God in Christ, Inc. v. Maxwell, 578 So. 2d 877 (Fla. 1st DCA 1991). “NOTES [*] Holy Temple argues that its theory of liability proceeds from section 626.901(1), Florida Statutes (1987), which prohibits any person from acting as an agent for any insurer not authorized to transact insurance in this state.”
United States Scaffold & Ladder Ass'n v. Scaffolds of Florida, Inc., 578 So. 2d 759 (Fla. 3d DCA 1991). “However, the first sentence of subsection 626.901(1), on which plaintiff relies, requires a showing that the insurer was “not then authorized to transact such insurance in this state, or in any other state,.”
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