Florida Statutes

Fla. Stat. § 631.341 (2025)

Notice of insolvency to policyholders by insurer, general agent, or agent.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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631.341 Notice of insolvency to policyholders by insurer, general agent, or agent.—

(1) The receiver shall, immediately after appointment in any delinquency proceeding against an insurer in which the policies have been canceled, give written notice of such proceeding to each general agent and licensed agent of the insurer in this state. Each general agent and licensed agent of the insurer in this state shall forthwith give written notice of such proceeding to all subagents, producing agents, brokers, and service representatives writing business through such general agent or licensed agent, whether or not such subagents, producing agents, brokers, and servicing representatives are licensed or permitted by the insurer and whether or not they are operating under a written agency contract.

(2) Unless, within 15 days subsequent to the date of such notice, all agents referred to in subsection (1) have either replaced or reinsured in a solvent authorized insurer the insurance coverages placed by or through such agent in the delinquent insurer, such agents shall then, by registered or certified mail, or by e-mail with delivery receipt required, send to the last known address of any policyholder a written notice of the insolvency of the delinquent insurer.

(3) The license, permit, or certificate of authority of any person, firm, or corporation which fails to comply with the provisions of this section is subject to revocation as otherwise provided by law.

(4) If such person, firm, or corporation is not licensed or permitted or the holder of a certificate of authority under any section of this code, such person, firm, or corporation, or the officers and directors thereof, are, upon failure to comply with the provisions of this section, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000.

History.—s. 750, ch. 59-205; s. 15, ch. 70-27; s. 809(1st), ch. 82-243; s. 24, ch. 83-38; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 68, ch. 2002-206; s. 16, ch. 2015-180.

Arrestable Offenses under F.S. 631.341

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§631.341PUBLIC ORDER CRIMESAGENCY FTC NOTICE INSOLVENCY TO POLICY HOLDERM · 1st

Notes of Decisions

Cited in 1 case, 1962–1962 · leading case: Grasso v. Morris Ins. Agency, 20 Fla. Supp. 30 (Fla. Cir. Ct., Miami-Dade Cty. 1962).

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Grasso v. Morris Ins. Agency, 20 Fla. Supp. 30 (Fla. Cir. Ct., Miami-Dade Cty. 1962). “Section 631.341 of the Florida Statutes (1961) provides — Notice of insolvency to policyholders by insurer, general agent, or agent.”

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