Florida Statute 626.901 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.901

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;

(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.

(b) Surplus lines insurance when written pursuant to the Surplus Lines Law, ss. 626.913-626.937.

(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.

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Amendments to 626.901

Arrestable Offenses / Crimes under Fla. Stat. 626.901

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.901.

Annotations, Discussions, Cases:

Cases Citing Statute 626.901

Total Results: 9

LEXINGTON CLUB COMMUNITY ASSOCIATION, INC. v. LOVE MADISON, INC. D/B/A ALEXANDER INSURANCE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-15T00:53:00-07:00

Snippet: procurement of insurance claim arises from section 626.901, Florida Statutes (2017), which provides: …during the time the insured holds the policy. § 626.901, Fla. Stat. In a negligent procurement action, …losses that were not covered by the policy. See §§ 626.901(3), 627.418(1), Fla. Stat. (2017). Thus, while …deemed to have been rendered invalid thereby.” § 626.901(3), Fla. Stat. As such, the Legislature expressly…action. The associations suggest that section 626.901 is inapplicable because their claim against the

AON Trade Credit, Inc. v. QUINTEC, SA

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-12T23:53:00-08:00

Citation: 981 So. 2d 475

Snippet: Florida's Unauthorized Insurer Act, section 626.901, Florida Statutes (2002), which prohibits assisting…Florida's Unauthorized Insurer Act, Section 626.901, Florida Statutes, but reverse on the ground that…that AON's liability, if any, under section 626.901, could be established. On remand, AON filed a motion…limited to a determination of coverage under section 626.901. Quintec's argument that it could proceed anew

Beshore v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-13T00:53:00-07:00

Citation: 928 So. 2d 411

Snippet: violated section 626.901(1) by representing the MBI plan to his clients. Section 626.901(1), Florida Statutes…#39;s interpretation and application of section 626.901(1), Florida Statutes (2003). All other issues are… State, 923 So.2d 442, 446 (Fla.2006). Section 626.901(2), Florida Statutes (2003), states: If an unauthorized… need to read a knowledge element into section 626.901(1) to preserve the principle that misconduct must…Insurance Agents both argue policy reasons why section 626.901(1) should not be a strict liability statute. However

AON Risk Services, Inc. v. QUINTEC, SA

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-22T00:53:00-07:00

Citation: 887 So. 2d 368

Snippet: Florida's Unauthorized Insurer Act, section 626.901, Florida Statutes, which prohibits assisting an…to whether the statute applies to AON, Section 626.901(1), Florida Statutes, specifically provides that… collection or forwarding of premiums[.] ... § 626.901(1), Fla. Stat. (2002). In the instant case, it …authorized to write business in Florida. Thus, section 626.901 clearly governs the instant matter, and AON is …deemed to have been rendered invalid thereby. § 626.901, Fla. Stat. (2002) (emphasis added). Quintec argued

FLA Orthopedics, Inc. v. American Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-11T00:00:00-07:00

Citation: 896 So. 2d 1, 2004 Fla. App. LEXIS 11738, 2004 WL 1780919

Snippet: section 626.901, Florida Statutes (1997). We disagree. The insurance code, of which section 626.901 is a … for a misrepresentation under section 626.901. Section 626.901 provides in pertinent part that: (1) No…negligent misrepresentation and violation of section 626.901, Florida Statutes (1997). We affirm for the following…the full amount of the claim or loss not paid. § 626.901(1),(2). The plain language of the statute provides

Amedex International Corp. v. Marino

Court: Fla. Dist. Ct. App. | Date Filed: 1998-10-21T00:00:00-07:00

Citation: 722 So. 2d 836, 1998 Fla. App. LEXIS 13463

Snippet: transactions in Florida, were liable under section 626.901(2), Florida Statutes (1995), for the amount of

Holy Temple Church of God in Christ, Inc. v. Maxwell

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-03T00:53:00-07:00

Citation: 578 So. 2d 877

Snippet: its theory of liability proceeds from section 626.901(1), Florida Statutes (1987), which prohibits any…1987) (insurer required to maintain reserves); § 626.901(4), Fla. Stat. (1987) (providing that any person

United States Scaffold & Ladder Ass'n v. Scaffolds of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-02T00:00:00-08:00

Citation: 578 So. 2d 759, 1991 Fla. App. LEXIS 2915, 1991 WL 45199

Snippet: below, brought suit for damages under subsection 626.901(4), Florida Statutes (1985). At trial plaintiff…Florida. However, the first sentence of subsection 626.901(1), on which plaintiff relies, requires a showing

Dyna Span Corp. v. Pollock

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-30T00:00:00-08:00

Citation: 510 So. 2d 307, 11 Fla. L. Weekly 2332, 1986 Fla. App. LEXIS 10427

Snippet: an unauthorized insured in violation of section 626.901(1), Florida Statutes (1985). Thereafter, Dyna Span