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Florida Statute 626.9922 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS
View Entire Chapter
F.S. 626.9922
626.9922 Examination.
(1) The office or department may examine the business and affairs of any of its respective licensees or applicants for a license. The office or department may order any such licensee or applicant to produce any records, books, files, advertising and solicitation materials, or other information and may take statements under oath to determine whether the licensee or applicant is in violation of the law or is acting contrary to the public interest. The expenses incurred in conducting any examination or investigation must be paid by the licensee or applicant. Examinations and investigations must be conducted as provided in chapter 624, and licensees are subject to all applicable provisions of the insurance code.
(2) All accounts, books and records, documents, files, contracts, and other information relating to all transactions of viatical settlement contracts, life expectancies, or viatical settlement purchase agreements made before July 1, 2005, must be maintained by the licensee for a period of at least 3 years after the death of the insured and must be available to the office or department for inspection during reasonable business hours.
(3) All such records or accurate copies of such records must be maintained at the licensee’s home office. As used in this section, the term “home office” means the principal place of business and any other single storage facility, the street address of which shall be disclosed to the office or department within 20 days after its initial use, or within 20 days of the effective date of this subsection.
(4) The originals of records required to be maintained under this section must be made available to the office or department for examination at the office’s or department’s request.
(5) The office has jurisdiction over all viatical settlement purchase agreements made before July 1, 2005, including, but not limited to, the authority to examine persons in possession of records relating to viatical settlement purchase agreements made before July 1, 2005, and that authority set forth in s. 624.319.
(6) If the office makes the determination that a viatical settlement provider does not have the financial ability to perform its present or future obligations under the viatical settlement purchase agreements made before July 1, 2005, the office shall make a referral to the United States Securities and Exchange Commission or the Office of Financial Regulation for further administrative action pursuant to s. 517.191, including, but not limited to, the appointment of a receiver by the court.
(7) Subsections (1), (2), (3), and (4) apply to life expectancy providers providing life expectancies in the state and providing life expectancies to viatical settlement providers in the state, as if life expectancy providers were licensees.
History.s. 13, ch. 96-336; s. 5, ch. 99-212; s. 4, ch. 2000-344; s. 1052, ch. 2003-261; s. 23, ch. 2005-237.

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Amendments to 626.9922


Annotations, Discussions, Cases:

Cases Citing Statute 626.9922

Total Results: 3

Coventry First, LLC v. McCarty

605 F.3d 865, 2010 U.S. App. LEXIS 9227, 2010 WL 1782144

Court of Appeals for the Eleventh Circuit | Filed: May 5, 2010 | Docket: 517568

Cited 118 times | Published

or is acting contrary to the public interest." § 626.9922(1). On August 14, 2008, the Office requested

Coventry First, LLC v. State, Office of Insurance Regulation

38 So. 3d 200, 2010 WL 2292928

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1182182

Cited 3 times | Published

insurance policy. § 626.9911(14), Fla. Stat. Section 626.9922(1), Florida Statutes, gives OIR the authority

State v. Viatical Services, Inc.

741 So. 2d 560, 1999 Fla. App. LEXIS 10478, 1999 WL 565896

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1511143

Cited 2 times | Published

held by the viatical settlement company. See § 626.9922, Fla. Stat. (1997). Thus, the medical records