The Florida Senate

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;

(c)  The forwarding of applications;

(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.

(c)  Transactions as to which a certificate of authority is not required of an insurer, as stated in s. 624.402

(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.