The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.937

626.937 Actions against insurer; service of process.—

(1) An unauthorized insurer may be sued upon any cause of action arising in this state under any surplus lines insurance contract issued by it or any certificate, cover note, or other confirmation of such insurance issued by the surplus lines agent, pursuant to the same procedure as is provided in s. 624.423 as to authorized insurers.

(2) The unauthorized insurer accepting the risk or issuing the policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section, and to have appointed the Chief Financial Officer as its agent for service of process issuing upon any cause of action arising in this state under any such policy, contract, or insurance.

(3) Each unauthorized insurer requesting eligibility pursuant to s. 626.918 shall file with the department its appointment of the Chief Financial Officer, on a form as furnished by the department, as its agent to receive service of all legal process issued against it in any civil action or proceeding in this state, and agreeing that process so served shall be valid and binding upon the insurer. The appointment shall be irrevocable, shall bind the insurer and any successor in interest as to the assets or liabilities of the insurer, and shall remain in effect as long as there is outstanding in this state any obligation or liability of the insurer resulting from its insurance transactions therein.

(4) At the time of such appointment of the Chief Financial Officer as its process agent, the insurer shall file with the department designation of the name and e-mail address of the person to whom process against it served upon the Chief Financial Officer is to be made available through the department’s secure online portal. The insurer may change the designation at any time by a new filing.

(5) This section shall be cumulative to any other methods which may be provided by law for service of process upon the insurer.

History.—s. 376, ch. 59-205; s. 8, ch. 63-86; ss. 13, 35, ch. 69-106; s. 2, ch. 81-318; ss. 318, 807, ch. 82-243; ss. 206, 207, ch. 90-363; s. 4, ch. 91-429; s. 311, ch. 97-102; s. 1025, ch. 2003-261; s. 53, ch. 2022-138.

F.S. 626.937 on Google Scholar

F.S. 626.937 on Casetext

Amendments to 626.937

Arrestable Offenses / Crimes under Fla. Stat. 626.937

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.937.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MARTORELLA, v. DEUTSCHE BANK NATIONAL TRUST COMPANY,, 161 F. Supp. 3d 1209 (S.D. Fla. 2015)

. . . , the provisions of chapter 627 do not apply to surplus lines insurance authorized under §§ 626.913-626.937 . . .

ESSEX INSURANCE CO. v. INTEGRATED DRAINAGE SOLUTIONS, INC. a a a LLC, a a a, 124 So. 3d 947 (Fla. Dist. Ct. App. 2013)

. . . [sjurplus lines insurance placed under the provisions of ss. 626.913-626.937,” only implicated part one . . .

S. LEMY, v. DIRECT GENERAL FINANCE COMPANY,, 885 F. Supp. 2d 1265 (M.D. Fla. 2012)

. . . The surplus line law, Sections 626.913 to 626.937, provides a citizen of Florida access to insurance . . .

BROWN BROWN, INC. v. ESTATE OF EDENFIELD, EDENFIELD,, 36 So. 3d 889 (Fla. Dist. Ct. App. 2010)

. . . The insurance policies at issue in this case are governed by the Surplus Lines Law, sections 626.913-626.937 . . .

PRESCOTT ARCHITECTS, INC. v. LEXINGTON INSURANCE COMPANY,, 638 F. Supp. 2d 1317 (N.D. Fla. 2009)

. . . Section 626.937 is part of the Surplus Lines Law and provides methods of service when a surplus-lines . . . As noted earlier, § 626.937 states that an unauthorized insurer “may be sued upon any cause of action . . . Stat. § 626.937(a). . . . Section 626.937 addresses the means for providing notice of a suit otherwise permitted under Florida . . . Stat. §§ 626.905, 626.907, 626.908, or 626.937. . . . .

VISION I HOMEOWNERS ASSOCIATION, INC. a v. ASPEN SPECIALTY INSURANCE COMPANY, a, 643 F. Supp. 2d 1356 (S.D. Fla. 2009)

. . . “[sjurplus lines insurance placed under the provision of ss. 626.913-626.937.” . . . Stat. §§ 626.913-626.937 (2003)). . . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 607 F. Supp. 2d 1340 (S.D. Fla. 2009)

. . . He maintains that § 627.410 applies to authorized insurers while §§ 626.913-626.937 apply to surplus . . . the provisions of chapter 627 do not apply to surplus lines insurance authorized under ss. 626.913-626.937 . . . (e) Surplus lines insurance placed under the provisions of ss. 626.913-626.937. (3) For the purposes . . .

ESSEX INSURANCE COMPANY, v. ZOTA,, 985 So. 2d 1036 (Fla. 2008)

. . . [s]urplus lines insurance placed under the provisions of ss. 626.913-626.937.” . . . See §§ 626.913-626.937, Fla. Stat. (2003). . . . required on application,” "does not apply to surplus lines business under the provisions of ss. 626.913-626.937 . . .

ESSEX INSURANCE COMPANY, v. ZOTA, R. A. Co., 466 F.3d 981 (11th Cir. 2006)

. . . (e) Surplus lines insurance placed under the provisions of ss. 626.913-626.937. Fla. . . . This chapter does not apply to ... surplus lines insurance placed under the provisions of §§ 626.913-626.937 . . .

RLI INSURANCE COMPANY, v. COLLADO, K., 678 So. 2d 1313 (Fla. Dist. Ct. App. 1996)

. . . section does not apply to the placing of surplus fines business under the provisions of ss. 626.913-626.937 . . .

J H AUTO TRIM COMPANY, INC. v. BELLEFONTE INSURANCE COMPANY, s, 501 F. Supp. 942 (M.D. Fla. 1980)

. . . Smith, as a producing agent under the Florida Surplus Lines Law (§§ 626.913-626.937, Fla.Stat.), contacted . . .