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The Florida Senate

2009 Florida Statutes

Section 634.1213, Florida Statutes 2009

634.1213  Grounds for disapproval.--The office may disapprove any service agreement form or service agreement company sales brochures filed under s. 634.121, or withdraw any previous approval thereof, if the form or brochure:

(1)  Is in any respect in violation of or does not comply with this part, any applicable provision of the Florida Insurance Code, or any applicable rule of the commission.

(2)  Contains or incorporates by reference when such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the service agreement.

(3)  Has any title, heading, or other indication of its provisions which is misleading.

(4)  Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible.

(5)  Contains any provision which is unfair or inequitable or which encourages misrepresentation.

(6)  Contains any provision which makes it difficult to determine the actual insurer or service agreement company issuing the form.

(7)  Contains any provision for reducing claim payments due to depreciation of parts, except for marine engines.

History.--ss. 12, 33, ch. 82-234; ss. 20, 68, ch. 91-106; s. 20, ch. 93-195; s. 1429, ch. 2003-261.