Florida Statutes

Fla. Stat. § 626.905 (2025)

Purpose of Unauthorized Insurers Process Law.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 concern that many residents of this state hold policies of insurance issued or delivered in the state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the Legislature herein provides a method of substituted service of process upon unauthorized insurers and persons representing or aiding such insurers, and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this chapter, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Pub. L. No. 15, 79th Congress of the United States, chapter 20, 1st session, s. 340, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.

History.—s. 346, ch. 59-205; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 154, 206, 207, ch. 90-363; s. 4, ch. 91-429.

Notes of Decisions

Cited in 10 cases, 1988–2009 · leading case: Borden v. East-Eur. Ins. Co., 921 So. 2d 587 (Fla. 2006).

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Borden v. East-Eur. Ins. Co., 921 So. 2d 587 (Fla. 2006). · cites it 4× “Section 626.905 is entitled "Purpose of Unauthorized Insurers Process Law" and provides: 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…”

Winterthur Intern., Ltd. v. Palacios, 559 So. 2d 1214 (Fla. 3d DCA 1990). · cites it 4× “Winterthur relies on portions of the statutory statement of purpose, § 626.905, Fla. Stat., which refer to the protection of Florida residents.”

Walter v. Blue Cross & Blue Shield United, 181 F.3d 1198 (11th Cir. 1999). “” Fla. Stat. Ann. § 626.905 (West 1996). The statute lists a number of acts which may subject an unauthorized insurer to the jurisdiction of the Florida courts by allowing substituted service of process: Any of the following acts in this state, effected by mail or otherwise, by…”

Citizens Ins. Co. of Am. v. Bowman, 525 So. 2d 991 (Fla. 3d DCA 1988). · cites it 2× “See also § 626.905, Fla. Stat. (1987). The order under review is, accordingly, Affirmed.”

Shelter Mut. Ins. Co. v. Frederick, 654 So. 2d 656 (Fla. 2d DCA 1995). · cites it 2× “Acts constituting Insurance Commissioner and Treasurer 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…”

Prescott Architects, Inc. v. Lexington Ins., 638 F. Supp. 2d 1317 (N.D. Fla. 2009). · cites it 4× “The parties concede the FAA is not related to the business of insurance and that the statutes Prescott relies on regulate the Florida insurance industry.”

East-Eur. Ins. Co. v. Borden, 884 So. 2d 233 (Fla. 2d DCA 2004). “905 states: The purpose of the [UIPL] 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.”

Walter v. Blue Cross & Blue Shield, 181 F.3d 1198 (11th Cir. 1999). “” Fla. Stat. Ann. § 626.905 (West 1996). The statute lists a number of acts which may subject an unauthorized insurer to the jurisdiction of the Florida courts by allowing substituted service of process: 11 Any of the following acts in this state, effected by mail or otherwise,…”

Advantage Gen. Ins. v. KILN/QBE Int'l, 8 So. 3d 1213 (Fla. 4th DCA 2009). · cites it 2× “See § 626.905, Fla. Stat. (2007). If, as alleged by KILN & QBE, Advantage lacked a certificate of authorization when it sold insurance to Air Sunshine in Florida, then it could not have sought relief in Florida courts in an action against Air Sunshine.”

Johnson v. Home-Owners Ins. Co., 915 So. 2d 196 (Fla. 4th DCA 2005). · cites it 2× “Section 626.905, Florida Statutes (2005), titled “Unauthorized Insurers Process Law,” provides that it is the legislative intent that in certain circumstances insurers who are not authorized to do business in Florida are subject to service of process and jurisdiction of the…”

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